March 10, 2021
Contact: Meg DeBlase

Ohio Abortion Industry Sues over Fetal Remains Law

(Cincinnati, OH) - On Tuesday, March 9th, the ACLU of Ohio, Planned Parenthood of Southwest Ohio, Women's Med Group, and others sued the Ohio Department of Health, challenging Ohio Senate Bill 27. Senate Bill 27 is the Humane Disposition of Fetal Remains Act that was signed into law by Governor Mike DeWine in December 2020. The complaint was filed in the Hamilton County Common Pleas Court, and can be read in it's intirety on the ACLU Ohio website here. In it, the abortion industry claims that the Ohio Department of Health has not provided the required forms and it will be impossible for them to comply with the new law. The complaint states, "Unless this Court grants a temporary restraining order or preliminary injunction, Plaintiffs will be forced to turn away patients seeking procedural abortions starting on April 6."

The Humane Disposition of Fetal Remains Act requires the burial or cremation of each individual surgically aborted child, and gives a mother the choice of method of final disposition. It ensures that a paper trail follows an aborted child's fetal remains from the abortionist, to the funeral home or crematory, and then to the Ohio Department of Health.

This bill was prompted after then Attorney General (now Governor) Mike DeWine's investigation into whether state abortion facilities were properly disposing of aborted babies' remains, due to evidence of improper procedures found in other states. His investigation uncovered that some abortionists in Ohio were callously dumping aborted babies in landfills.

In December 2020, the bill passed the Ohio legislature and was signed into law. In May of 2019, the Supreme Court of the United States ruled in favor of a similar law regarding the disposition of fetal remains in our neighboring state of Indiana. The Court stated that in previous rulings, they have already acknowledged that a State has a “legitimate interest in proper disposal of fetal remains.” (Akron v. Akron Center for Reproductive Health, Inc., 462 U. S. 416, 452, n. 45 (1983)).

"The abortion industry will not win a suit on the merits of the case, given that the Supreme Court has already ruled on this matter," said Meg DeBlase, Executive Director of Right to Life of Greater Cincinnati. "Therefore, this lawsuit is simply a delay tactic to keep their faciliities from having to spend the money, time, and resoures need to determine how to bury or cremate all the babies they kill. Regardless of this frivolous lawsuit, we believe this law will ultimately be enforced in our state. Our hope and prayer is that this law brings some humanity to the unborn in the eyes of their own mothers and society as a whole."

Cincinnati Right to Life will keep you apprised on the status of this lawsuit.