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Indiana Attorney General asking Supreme Court to uphold Indiana abortion law

Attorney General Curtis Hill filed a brief on Tuesday asking the U.S. Supreme Court to uphold the constitutionality of an Indiana law involving abortion.

House Bill 1337, enacted in 2016, contains two provisions, one which requires health facilities to dispose of fetal remains either through burial or cremation.

Unlike health facilities, parents choosing to take possession of fetal remains following an abortion or miscarriage have no such requirements.

The other provision prohibits abortion performed solely because of the disability, race, or sex of the unborn child.

The Seventh Circuit U.S. Court of Appeals has held that both of these provisions violate the U.S. Constitution.

Regarding the fetal remains provision, the Attorney General mentioned the Eighth Circuit’s upholding of a similar law enacted in Minnesota as constitutional.

“The result is that Minnesota can require burial or cremation of fetal remains while Indiana cannot,” Attorney General Hill writes in today’s filing. Only the U.S. Supreme Court, he notes, “can decide which of these positions is correct.”

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