From Public Discourse:

When Texas passed SB 8 in 2017, requiring the humane disposition of fetal remains, there ought to have been broad support across the political spectrum. Instead, politics as usual has colored the rhetoric of pro-abortion partisans. And, at the end of January 2018, a US District Court delivered a victory for pro-abortion forces in issuing a preliminary injunction of the law. Among other things, the opinion held that abortion providers had a “substantial likelihood of success” in demonstrating their constitutional claim that Texas’s law violates the Due Process Clause.

But Texas’s humane disposition provisions are not only constitutional (even under the legal regime of Casey), but also a morally laudable response to gruesome revelations about how the abortion industry disposes of fetal remains.


WFA president Julaine Appling weighs in, “Part of our Heal Without Harm Initiative deals with final disposition of aborted babies, as well as making sure parents who experience a stillbirth or miscarriage know they can make appropriate final arrangements for their baby. Sadly, these bills have been intentionally killed this session by Republican senate and assembly leadership whose pro-life walk doesn’t match their pro-life talk.”

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