Dist. Ct. erred in granting plaintiff’s request for preliminary injunction in their section 1983 action, alleging that Indiana’s statutory scheme that required abortion providers to dispose of fetal remains by either burial or cremation, but allowed women to take custody of said fetal remains and to dispose of them as they pleased violated First Amendment. Ct. of Appeals found that there was no First Amendment violation, where instant statutory scheme did not require women who obtained abortions to violate any religious or secular belief. Moreover, requirement that physicians and other providers tell patrons about their statutory options does not offend First Amendment, where there is no contention that notice required by statute contained false or misleading information. Ct. rejected plaintiffs’ claim that statutory scheme violated First Amendment, because it implies that fetus is actual person, which is viewpoint that they do not share.
Federal 7th Circuit Court
Civil Court
First Amendment