Federal Judge Blocks Texas In Enforcing Its New Rule For Fetal Remains

US District Judge Sam Sparks blocked Texas from the rule that requires fetal remains to be buried or cremated with ashes buried or appropriately scattered because it puts a burden on access to abortion. According to Sparks the new standards were quite vague and it will invite different interpretations that will allow state health officials “to exercise arbitrary and potentially discriminatory enforcement on an issue connected to abortion and therefore sensitive and hotly contested.”

In his order, Judge Sparks wrote that the new policy has no health benefits even if it replaces a tissue-disposal regulation that does not cause any health issues. Texas leaders on the other hand say that the change is supposed to promote respect for the life and dignity of the unborn by requiring a more humane disposition of the fetal remains.

State Attorney General Ken Paxton said that the rule is simply to stop healthcare facilities from disposing the remains of the unborn in landfills and sewers. Abortion providers wanted the rules overturned because the change will only restrict abortion and not necessarily for public health benefits. Lawyers from Texas insist that the regulation is specifically intended to ensure the fetal remains from abortion or miscarriage are disposed of with dignity though ways that will not substantially increase the costs or create a burden on women.

The most common method of disposal used by Texas abortion providers is for the tissue to be incinerated and disposed in the landfills. The new rule prohibits the traditional method so that health facilities are required to bury or cremate the fetal remains. Abortion providers argue that the rule might result into the closure of clinics because only a limited number can comply with the mandate of cremation or burial. Since the rule is quite vague, it puts abortion providers at risk of violating the regulations and this put an unjustifiable burden on women who have suffered from miscarriage.

Whether the option you choose is traditional burial or cremation, funeral homes in Perth are prepared to provide the service. Losing a loved one is one of the most painful moments in one’s life but a funeral director is ready to assist so that a more affordable and convenient option will be decided on.