A lawsuit was filed last week against the Ohio Department of Health in Hamilton County Common Pleas Court by abortion businesses and the American Civil Liberties Union (ACLU), asking the court to block the state’s aborted fetal remains burial law, calling it unconstitutional.
The law, which Governor Mike DeWine signed into law in December, requires women undergoing abortions to choose what will happen to their preborn child’s remains: burial or cremation. If the woman does not decide, then the abortion business will be tasked with the choice. Violaters could face a first-degree misdemeanor charge. It is common for the remains of aborted children to be tossed into medical waste bins, but other disprespectful means of disposal have been used by some — such as burning their bodies to create electricity, flushing them down toilets, storing them in freezers indefinitely, or stashing them in cars.
Abortionists are calling the law “frivolous and medically unnecessary” and they say it will be “impossible” to comply with.
“We file this complaint to ensure that we are not vulnerable to severe sanctions, fines and penalties, including potential license revocation, during this interim period,” the plaintiffs said in a statement. “Given the history of aggressive enforcement by the State against abortion providers in the past, we have no choice but to take this matter to court.”
The new law replaces an earlier state law that required the remains of aborted humans to be disposed of “in a humane manner” but it failed to define the term “humane.” An Ohio Planned Parenthood was caught dumping the human remains in landfills in 2015. DeWine was the Attorney General at the time and called the move “callous and completely inhumane.”
The abortion businesses, including Planned Parenthood, Preterm-Cleveland, Women’s Med Group, and Northeast Ohio Women’s Center, stated in their lawsuit that unless the court grants their request to block the law, they will be forced to turn away patients beginning April 6, the date the law is scheduled to take effect. They argue that because Attorney General Dave Yost has not given them the required form that each abortion client must sign, they could face misdemeanor penalties until they receive the form.
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