For the second time, a federal judge, this time a judge in San Antonio, has temporarily blocked a state law passed in the 2017 session of the Texas Legislature which requies the the remains of aborted fetuses be either buried or cremated, News Radio 1200 WOAI reports.
"I'm pleased that the judge has seen this for what it is, another burden placed to try to make abortion inaccessable," said Heather Busby of Pro Choice Texas.
U.S. District Judge David Ezra in San Antonio ruled that the arguments in support of the law presented by the Texas Department of Health and Human Services 'lack merit' and the law must not be enforced until a full hearing is held on its merits. Judge Ezra, a Reagan appointee, said his ruling should not be seen as an indication of how a court might rule following a full hearing.
Conservatives in the Texas Legislature passed the 'fetal burial' bill to 'bring dignity to the remains of aborted fetuses.' It was among the top social conservative priorities of Republicans who control the Legislature, and of Gov. Greg Abbott, who is staunchly pro-life.
But opponents pointed out that there is no problem with the current method of disposing of fetal remains, essentially as medical waste, and they said the only point to the bill was to make abortions more expensive, and harder for many women to obtain.
"It is encouraging to see the court see through the propoganda, and see this was actually putting abortion out of reach for those who need it," Busby told News Radio 1200 WOAI reports.
Texas Attorney General Ken Paxton said in a statement that he will continue fighting for the law to be implemented.
"Texas values the dignity of the remains of the unborn and believes that fetal tissue should be disposed of properly and humanely,” Paxton said. “My office will continue to fight to uphold the constitutionality of the new law, which simply prevents fetal remains from being treated as medical waste.”
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