Texas Finalizes 'Callous' Rule on Burial or Cremation of Fetal Remains
'Forcing a woman to pay for a burial after she ends a pregnancy or experiences a miscarriage is not just absurd—it is an unnecessary burden and an intrusion on her personal beliefs'
As of December 19, Texas healthcare providers will be required to bury or cremate embryonic and fetal tissue that results from abortions or miscarriages at their facilities.
The Texas Department of State Health Services (DSHS) finalized the new regulation on Monday, inviting a legal challenge from reproductive rights advocates, who strongly oppose the rule on the grounds that it has no medical or safety benefits, would be costly to implement, and could exacerbate what for some women is already a difficult experience.
"The state agency has once again ignored the concerns of the medical community and thousands of Texans by playing politics with people's private healthcare decisions," Heather Busby, executive director of NARAL Pro-Choice Texas, said in a statement.
The proposal was initially put forth at the direction of Republican Gov. Greg Abbott; a bill to be taken up by the Texas legislature next session closely mirrors its language.
Since it was put forward this summer, the rule has been revised to reflect some of the outcry--it will reportedly not apply to miscarriages or abortions that occur at home. Still, the Center for Reproductive Rights (CRR) criticized its implications for "women who seek abortion, treatment for miscarriage, or removal of an ectopic pregnancy."
"These new restrictions reveal the callous indifference that Texas politicians have toward women," said David Brown, senior staff attorney at CRR, which in August warned (pdf) DSHS that the regulation would "almost certainly trigger costly litigation."
And while a DSHS spokeswoman told the Dallas Morning News that "the proposed rules won't increase total costs for healthcare facilities," it remains to be seen who will in fact bear any associated costs.
"Forcing a woman to pay for a burial after she ends a pregnancy or experiences a miscarriage is not just absurd--it is an unnecessary burden and an intrusion on her personal beliefs," Brown said on Tuesday.
Texas is the second state to endorse a fetal burial law. As governor of Indiana in early 2016, Vice President-elect Mike Pence signed a bill that included such a provision. In June, a federal judge blocked the law from going into effect.
We are at a crossroads
This country and this world are at a monumental crossroads. In a few short weeks, US voters will have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
As of December 19, Texas healthcare providers will be required to bury or cremate embryonic and fetal tissue that results from abortions or miscarriages at their facilities.
The Texas Department of State Health Services (DSHS) finalized the new regulation on Monday, inviting a legal challenge from reproductive rights advocates, who strongly oppose the rule on the grounds that it has no medical or safety benefits, would be costly to implement, and could exacerbate what for some women is already a difficult experience.
"The state agency has once again ignored the concerns of the medical community and thousands of Texans by playing politics with people's private healthcare decisions," Heather Busby, executive director of NARAL Pro-Choice Texas, said in a statement.
The proposal was initially put forth at the direction of Republican Gov. Greg Abbott; a bill to be taken up by the Texas legislature next session closely mirrors its language.
Since it was put forward this summer, the rule has been revised to reflect some of the outcry--it will reportedly not apply to miscarriages or abortions that occur at home. Still, the Center for Reproductive Rights (CRR) criticized its implications for "women who seek abortion, treatment for miscarriage, or removal of an ectopic pregnancy."
"These new restrictions reveal the callous indifference that Texas politicians have toward women," said David Brown, senior staff attorney at CRR, which in August warned (pdf) DSHS that the regulation would "almost certainly trigger costly litigation."
And while a DSHS spokeswoman told the Dallas Morning News that "the proposed rules won't increase total costs for healthcare facilities," it remains to be seen who will in fact bear any associated costs.
"Forcing a woman to pay for a burial after she ends a pregnancy or experiences a miscarriage is not just absurd--it is an unnecessary burden and an intrusion on her personal beliefs," Brown said on Tuesday.
Texas is the second state to endorse a fetal burial law. As governor of Indiana in early 2016, Vice President-elect Mike Pence signed a bill that included such a provision. In June, a federal judge blocked the law from going into effect.
As of December 19, Texas healthcare providers will be required to bury or cremate embryonic and fetal tissue that results from abortions or miscarriages at their facilities.
The Texas Department of State Health Services (DSHS) finalized the new regulation on Monday, inviting a legal challenge from reproductive rights advocates, who strongly oppose the rule on the grounds that it has no medical or safety benefits, would be costly to implement, and could exacerbate what for some women is already a difficult experience.
"The state agency has once again ignored the concerns of the medical community and thousands of Texans by playing politics with people's private healthcare decisions," Heather Busby, executive director of NARAL Pro-Choice Texas, said in a statement.
The proposal was initially put forth at the direction of Republican Gov. Greg Abbott; a bill to be taken up by the Texas legislature next session closely mirrors its language.
Since it was put forward this summer, the rule has been revised to reflect some of the outcry--it will reportedly not apply to miscarriages or abortions that occur at home. Still, the Center for Reproductive Rights (CRR) criticized its implications for "women who seek abortion, treatment for miscarriage, or removal of an ectopic pregnancy."
"These new restrictions reveal the callous indifference that Texas politicians have toward women," said David Brown, senior staff attorney at CRR, which in August warned (pdf) DSHS that the regulation would "almost certainly trigger costly litigation."
And while a DSHS spokeswoman told the Dallas Morning News that "the proposed rules won't increase total costs for healthcare facilities," it remains to be seen who will in fact bear any associated costs.
"Forcing a woman to pay for a burial after she ends a pregnancy or experiences a miscarriage is not just absurd--it is an unnecessary burden and an intrusion on her personal beliefs," Brown said on Tuesday.
Texas is the second state to endorse a fetal burial law. As governor of Indiana in early 2016, Vice President-elect Mike Pence signed a bill that included such a provision. In June, a federal judge blocked the law from going into effect.