Indiana’s Fetal Remains Law Violates the First Amendment

In 2016, then-Governor Mike Pence signed into law House Enrolled Act 1337, a bill consisting of several provisions restricting abortion rights and specifying the manner in which fetal remains must be disposed of.

Under Indiana law, women who terminate their pregnancies have the right to determine how to dispose of the remains of their terminated fetuses. If they make no such election, abortion providers were previously free to dispose of aborted fetuses as they would any other surgical waste, in accordance with state health and…