Skip to content Skip to footer

Reproductive Rights Advocates Say Ohio Fetal Remains Bill Is Unconstitutional

Senate Bill 27 was signed into law Wednesday by Gov. Mike DeWine.

Abortion rights advocates including NARAL Georgia Director Laura Simmons (2nd-L) rally in front of the Georgia State Capitol in Atlanta to protest new restrictions on abortions that were passed in Georgia, on May 21, 2019. The rally is one of many protests against restrictive abortion legislation across the country.

Reproductive rights and civil liberties groups condemned as “unconstitutional and medically unnecessary” a bill signed into law Wednesday by Republican Ohio Gov. Mike DeWine requiring the burial or cremation of fetal remains resulting from abortion.

Senate Bill 27, an update of a 1975 law, requires the “humane disposition of the product of human conception” — specifically, any “zygote, blastocyte, embryo, or fetus,” either by “burial or entombment” or cremation “in a crematory facility.”

Under the law, anyone having an abortion in Ohio will be notified beforehand that they can choose the method and location of fetal disposition. If they do not choose, it is up to the abortion provider to decide and pay for the burial or cremation. Healthcare providers who do not comply face potential first-degree misdemeanor charges that carry a $1,000 fine and up to six months in prison.

As state attorney general, DeWine conducted an investigation into unfounded allegations that Planned Parenthood of Ohio profited from the sale of aborted fetuses. However, the probe found that fetal remains had been disposed of in landfills, sparking outrage from anti-abortion advocates and prompting the new law.

As governor, DeWine has been a consistent foe of reproductive rights. Last year, he signed a so-called “fetal heartbeat” bill, one of the nation’s most restrictive anti-choice laws, that was subsequently challenged in court by Planned Parenthood Advocates of Ohio and the ACLU. Last July, a judge temporarily blocked the law pending further litigation.

Both Planned Parenthood and the ACLU blasted the updated fetal remains law.

“The only purpose of Senate Bill 27 is to further stigmatize/shame abortion and attack abortion providers across the state,” tweeted Planned Parenthood Advocates of Ohio. “During a global pandemic, the *only* priority for Ohio Republicans is restricting access to safe, legal abortion.”

In a statement against the measure earlier this month Lauren Blauvelt-Copelin, vice president of government affairs and public advocacy at Planned Parenthood Advocates of Ohio, said that “in the middle of a pandemic, Republican lawmakers are working yet again to strip Ohioans of their health care and trying to close health centers.”

“Not only is Senate Bill 27 unconstitutional and medically unnecessary, it also adds yet another barrier for patients who are trying to access abortion services — which is the legislature’s real goal,” added Blauvelt-Copelin. “This bill is about politics. It’s about forcing health centers to close. Ohioans deserve better.”

Planned Parenthood also noted that “Senate Bill 260 — which bans the use of telemedicine or medication abortions — is currently sitting on DeWine’s desk.”

We’re not backing down in the face of Trump’s threats.

As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.

Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.

As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.

At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.

Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.

You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.