Federal judge blocks Texas fetal burial rule until January

AUSTIN, Texas, Dec. 16 (UPI/GNA) - The state of Texas will have to wait to implement a new law requiring all fetal remains to be buried or cremated after a federal judge said he wants to hear a case asked the law to be struck down.

U.S. District Court Judge Sam Sparks issued a temporary restraining order against enforcement of the fetal burial law until at least Jan. 6, when he will be able to hear and rule on a lawsuit alleging the law puts a substantial burden on medical facilities, healthcare providers and women.

The Center for Reproductive Rights sued the state on Monday to prevent the law from going into effect, calling it unconstitutional because of the undue burden it puts on doctors, facilities and patients. Included in the burden is the extra cost of burial which, if not covered by a facility, could cost women thousands of dollars more.

The law requires all aborted or miscarried fetuses to be buried or cremated regardless of how developed or undeveloped they are, and had been scheduled to go into effect on Dec. 19. Before the law, Texas allowed fetal remains to be treated in ways similar to medical waste, which is required to be incinerated, ground or disinfected before being sent to a sanitary landfill.

The state and supporters of the law say it is meant to bring dignity to all human life, in addition to making a case the rule will protect the public from disease. Sparks questioned how the law benefits public health, and included it as a reason he would like to hear the case in full before ruling.

"I can't imagine having an inspiration of how to rule in these regulations," told the Houson Chronicle after issuing the restraining order to keep the state from enforcing the rule.

Sparks had asked the state to hold off on enforcing the rule for three weeks so he could hear the case, but Texas state lawyers refused to wait until after the case was decided to act on the burial rule. Noting that he could not remember the state saying no to a judge on such a request, he issued the restraining order.

The case is scheduled for two days of oral arguments starting Jan. 3.

GNA