Ohio Senate Passes Bill Requiring Aborted Fetal Remains be Buried/Cremated

[BKMMAFAN]

The Ohio Senate passed a bill requiring women to express in writing a preferred disposal method for their aborted fetus(es). It passed on a 23-10 party-line vote. The Ohio Department of Health would collect records on disposals.

"Republican Representative Kyle Koehler says that discovery of what Planned Parenthood does with aborted babies moved him to sponsor legislation to require the burial or cremation of an aborted fetus.

“Somehow being able to tell my children that the reports of selling baby body parts are possibly not true because the actual truth is that they may be throwing them into Ohio landfills does not make me feel any better,” said Koehler."

Planned Parenthood has never been found to be in violation of the state disposal rules.

As an aside, some will wonder why a purple state such as Ohio, which has voted Democrat in the last two presidential elections, has such an overwhelmingly republican Senate and Legislature. Ohio is among the worst gerrymander offenders when it comes to 'drawing' legislative districts. Thus, nearly 70% of both state houses are republican.

Detractors argue that such a bill, if passed by the General Assembly and signed by Kasich in the fall, would place an undue burden on a woman's constitutional right to have an abortion. GOP leaders seem to have opted for alternative approaches to restricting abortion procedures after a fetal heartbeat bill was rebuffed by Gov. Kasich last year. Since, they have explored defunding Planned Parenthood and the Senate has now passed a bill requiring women to choose a disposal method for their aborted fetus before having the procedure done.

Fyi, the legal standard by which restrictions to abortion are measured is whether a state abortion regulation has the purpose or effect of imposing an "undue burden" on a woman's right to an abortion, which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." See PP v. Casey. The SCOTUS has found that a requirement of husband notification (not consent) violates this standard. Imo, this also violates the Casey standard and wouldn't survive SCOTUS review.

Thoughts?

Sources:

http://www.dispatch.com/content/sto...etal_remains_disposal_bill_passes_Senate.html

http://www.lifenews.com/2016/05/25/...renthood-dumping-aborted-babies-in-landfills/

https://www.oyez.org/cases/1991/91-744

 

[klnOmega]

Someone wants to pass a bill that requires dead babies to be disposed of by burial or cremation, and not thrown in the landfill...and liberals find this offensive.

What a regressive society we live in. Even Neanderthals are thought to have buried their dead with ceremony.

 

[BKMMAFAN]

Someone wants to pass a bill that requires dead babies to by disposed of by burial or cremation, and not thrown in the landfill...and liberals find this offensive.

What a regressive society we live in. Even Neanderthals are thought to have buried their dead with ceremony.

Current procedures have never to be found to not be 'humane', as currently required by Ohio law, in more than 40 years. What purpose does forcing the woman to choose the method serve? If this is the only way to 'humanely' dispose of an aborted fetus, why not leave it up to the medical facility? If the bill didn't place the onus on the woman it would have a much better chance of surviving judicial review.

 

[2DUM2TAP]

No more eating them??? Thanks Obama!

 

[klnOmega]

Current procedures have never to be found to not be 'humane', as currently required by Ohio law, in more than 40 years.

Sure. Thats why they are changing the law. No one is going to be in trouble for dumping them in the landfill when it was legal. Its just from now one, they'll have to bury them.

And I don't know how this is really an argument anyway. The law banned gay marriage for more than 40 years, and never found it to be a restriction of civil rights. Laws change.

What purpose does forcing the woman to choose the method serve?

She's the mother. I thought we are supposed to be empowering women to make reproductive choices. It only seems natural that it should be the right of the mother to choose how her baby will be buried.

If this is the only way to 'humanely' dispose of an aborted fetus, why not leave it up to the medical facility? If the bill didn't place the onus on the woman it would have a much better chance of surviving judicial review.

Families are traditional made the funeral arrangments for their loved ones. When its time for my mother to pass, I expect the will hospital will defer to me about how I want to handle the disposal of the body.

 

[oldshadow]

They should just require the provider to do this and not leave it up to the woman. In this case it appears the only point is to cause as much distress to the woman as they can and that will not pass legal muster.

 

[The Beast Within]

weren't them "just a clump of cells"??? ahh liberals

 

[klnOmega]

They should just require the provider to do this and not leave it up to the woman. In this case it appears the only point is to cause as much distress to the woman as they can and that will not pass legal muster.

Are you saying that the choice of whether or not to vaccum a baby out of her vag and scramble its brains with a drill is a choice all women should have, but whether it should be buried or cremated is too stressful a choice to trust them with?

 

[El Chimpo]

sky burial imo

 

[K1levelgrappler]

Why stop there? There should be a state mandated funeral for every fetus. Casket, fllowers, a choir, the full meal deal.

Since they're just designing policy to make bible thumping wingnuts feel good I think it's worth going that extra mile.

 

[klnOmega]

Why stop there? There should be a state mandated funeral for every fetus. Casket, fllowers, a choir, the full meal deal.

We don't have state mandated funerals for everyone.

But we do require that the bodies be buried or cremated. You can't just dump them in a landfill.

 

[JDragon]

If they are buried or cremated, do they require them to give the fetus a nam, too?

 

[oldshadow]

Are you saying that the choice of whether or not to vaccum a baby out of her vag and scramble its brains with a drill is a choice all women should have, but whether it should be buried or cremated is too stressful a choice to trust them with?

I'm saying there is a good chance (despite my personal feelings) that it will not stand up to supreme court ruling.

 

[K1levelgrappler]

We don't have state mandated funerals for everyone.

But we do require that the bodies be buried or cremated. You can't just dump them in a landfill.

I understand that but if we're going to craft policy based entirely around social conservatives and their feelings I don't see any reason to stop there. Make a law that says they have to name their abortion. Make a law requiring the nurse to swaddle the thing, even if it's just a clump of cells, and force the woman to take it home and spend a few days with it kinda like Rick Santorum did with his dead baby.

 

[BKMMAFAN]

I understand that but if we're going to craft policy based entirely around social conservatives and their feelings I don't see any reason to stop there. Make a law that says they have to name their abortion. Make a law requiring the nurse to swaddle the thing, even if it's just a clump of cells, and force the woman to take it home and spend a few days with it kinda like Rick Santorum did with his dead baby.

The justifications were odd to say the least....

"Republican Senator Bill Coley said not passing the bill could lead to disturbing discoveries by archaeologists hundreds of years from now.

“I don’t want it to be where in like South America or some areas in the world and they find that babies were sacrificed or were thrown out with the garbage and things like that,” Coley said."

http://nbc4i.com/2016/05/26/ohio-bill-requires-aborted-fetal-remains-be-cremated-or-buried/

I was unaware of the unique fossilization process involving disposed fetuses.

 

[Slippery Kantus]

Will they also force the woman to name her rape baby?

 

[n...not crazy]

Will they also force the woman to name her rape baby?

They are all named Cosby.

 

[Fawlty]

Waste of medical resources, waste of tax resources, waste of emotional resources, waste of time.

And based on a hoax.

 

[spin]

When a person dies, the family handles what happens to the body, but are we required to by law? Could we abstain?

I figure the laws should be the same on an abortion either way

 

[punky brewster]

They should just put it in a ziplock bag and force the mom to take it, let her decide what to do.