Senate OKs fetal remains disposal bill
Burial, cremation would be required of abortion clinics.
Abortion clinics COLUMBUS — would be required to dispose of fetal remains by burial or cremation under a bill passed on a 24-9, party-line vote in the Ohio Senate on Wednesday.
The Republican-crafted bill, decried by opponents as another unconstitutional state attempt to hamper access to a legal procedure, would give women the option of specifying which method of disposal they prefer for the remains of their abortion.
If a woman makes no choice, the clinic operator must assure that remains are disposed through burial or cremation, with failure to follow the proposed law a first-degree misdemeanor carrying up to six months in jail.
The bill, which includes new reporting requirements for abortion providers, now advances to the Republican-controlled Ohio House.
Sen. Joe Uecker, R-Miami Twp. in Clermont County, the bill sponsor, described it as a move to “promote and honor the dignity of the unborn.”
Sen. Sandra Williams, D-Cleveland, unsuccessfully attempted to amend the bill to prevent the use of state funds in defending the measure in court if it becomes law, saying an Indiana federal judge recently struck down a similar law in that state.
“It’s just another step in the journey the Senate and the House have taken to throw a roadblock in front of women” seeking an abortion, said Sen. Joe Schiavoni, D-Boardman.
A prior version of the bill passed the Senate on a party-line vote, but died in the House due to a lack of action. Current law states that fetal remains be disposed of in a “humane manner.” The bill does not apply to hospitals and miscarried fetal remains.
The legislation stems from a 2015 controversy when Attorney General Mike DeWine, amid claims stemming from undercover video that some Planned Parenthood affiliates were selling fetal tissue, contended that fetal remains from some Ohio clinics were “steam-cooked and taken to a Kentucky landfill” in violation of state law.
Planned Parenthood denied the allegations and records showed state officials had never cited an abortion provider for improper disposal of fetal remains. An investigation by DeWine’s office uncovered no evidence that the organization was selling body parts. Planned Parenthood sued DeWine, but the matter was settled with the state’s payment of $45,000 to cover the group’s legal fees.
Opponents such as NARAL Pro-Choice Ohio, the American Civil Liberties Union of Ohio and Planned Parenthood derided the bill in committee testimony as an unconstitutional bid to “shame women” and throw more obstacles in the way of obtaining a legal abortion.
“It’s just another sham, based on inaccurate information, being used to block access to safe, legal abortion care in our state ... it is wildly unconstitutional,” Jamie Miracle, deputy director of NARAL Pro-Choice Ohio, told lawmakers. A federal judge recently declared a similar law unconstitutional in Indiana.
ACLU of Ohio lobbyist Gary Daniels denounced the bill as “yet another obvious attempt to at least inconvenience, if not entirely put out of business, abortion providers (and) shame women who choose to have abortions.” 937 . 746 . 2975