Fetal Burial

Gabriel C. Pérez / KUT

A federal judge in Austin has blocked Texas' so-called fetal burial law.

U.S. District Judge David Alan Ezra voided the law, which the Texas Legislature passed in 2017, on the grounds that it violates the 14th Amendment's Equal Protection Clause.

Callie Richmond for The Texas Tribune

State and reproductive rights attorneys are going head to head again in federal court on Monday to argue whether Texas should require health providers to cremate or bury fetal remains.

“It’s a tough case for everybody,” U.S. District Judge David Alan Ezra said Friday during a pretrial hearing. In January, he had granted an injunction blocking a state fetal remains burial rule, but he said last week that the previous decision is no indication of how he would rule in the trial.

Callie Richmond for The Texas Tribune

Texas’ second attempt to require health providers to bury or cremate fetal remains has been temporarily thwarted by a federal judge.

In his Monday afternoon ruling, U.S. District Judge David Alan Ezra said the Texas Department of State Health Services’ arguments “lack merit.”

Jorge Sanhueza-Lyon / KUT

Texas health officials held a public hearing today about a rule requiring health care facilities to bury or cremate fetal remains from abortions and miscarriages.

The provision was part of Senate Bill 8, an omnibus abortion bill that the Legislature passed during the special session over the summer.

Gabriel Cristóver Pérez / KUT

Texas lawmakers are close to passing yet another abortion bill, roughly a year after the U.S. Supreme Court struck down the state's last major abortion legislation.

Callie Richmond for The Texas Tribune

A federal judge has extended his injunction against the Texas fetal burial rule. Judge Sam Sparks of the U.S. District Court for the Western District of Texas ruled Friday that he wants to hold a trial to determine whether the rule requiring health care providers to cremate or bury fetal remains is constitutional. 

Allison Shelley for Texas Tribune

From The Texas Tribune: As he considers a final ruling on the state's fetal remains burial rule, U.S. District Court Judge Sam Sparks is delaying the start date of the rule for at least another three weeks.

Miguel Gutierrez Jr. / KUT

Texas abortion providers are facing off against state officials in court today.

In hearings today and Wednesday,  providers will ask a federal judge to strike down the state's fetal burial rule, which requires medical providers to bury or cremate fetal remains following a miscarriage or abortion, regardless of how long a woman has been pregnant.

Miguel Gutierrez Jr./KUT

A federal judge has temporarily halted the Texas fetal burial rule from going into effect on Dec. 19.

Miguel Gutierrez Jr. / KUT

Abortion providers are hoping to stop a new rule that would require health care facilities to cremate or bury fetal remains from miscarriages and abortions, regardless of the gestation time or a woman’s wishes.

Eric Schlegel for the Texas Tribune

The Center for Reproductive Rights announced it is filing a federal lawsuit today against the State of Texas over a rule set to go into effect Dec. 19. The rule requires abortion providers and hospitals to bury or cremate fetal remains from miscarriages and abortions – regardless of gestation time or a woman’s wishes.

Miguel Gutierrez Jr. / KUT

The State of Texas is moving forward with a rule requiring abortion providers and hospitals to bury or cremate fetal remains from miscarriages and abortions. Groups are already gearing up to possibly sue the state over this rule, but the state could have a tough time defending it.