Ohio Senate passes bill to require aborted fetuses be buried or cremated

COLUMBUS - Ohio's GOP-controlled Senate passed a bill Wednesday that would require aborted fetuses be buried or cremated.

The proposed law, sponsored by Sen. Joe Uecker, R-Miami Township, would ask women having abortions to select either cremation or interment for the remains. If women don't make that decision, the abortion clinic would pick one of the two options.

"It seeks to promote and honor the dignity of the unborn," Uecker said before the 24-9 vote, along party lines.

Abortion clinics would pay for the burial or cremation if the woman selects from one of the clinics' pre-established locations. If the woman wants another option, she would pay for it. Abortion clinics worry about the cost and cooperation of local funeral homes.

"Without these contracts (with funeral homes or cremation facilities,) abortion providers could be forced to close, restricting or even eliminating access in the state," said Joanna Saul of Planned Parenthood Advocates of Ohio.

The proposal came after Ohio Attorney General Mike DeWine alleged Planned Parenthood contracted with a company that disposed of fetal remains in a Kentucky landfill. Planned Parenthood denied the findings of DeWine's four-month investigation and cut ties with that company.

The investigation was prompted by concerns that Planned Parenthood was selling fetal remains. DeWine's investigation found that practice was not happening in Ohio.

Under Uecker's bill, abortion clinics that dispose of fetal remains in any other way could face a first-degree misdemeanor. Women receiving abortions would not be prosecuted criminally.

"Victims of abortion deserve compassionate and humane treatment," said Mike Gonidakis, president of Ohio Right to Life.

But proponents of access to abortion say this requirement is unnecessary.

"The anti-abortion politicians behind this bill want to force a woman who has had an abortion to have to consider and decide upon burial or cremation services – it’s inappropriate and demeaning," said NARAL Pro-Choice Ohio Executive Director Kellie Copeland.

A federal judge found a similar requirement unconstitutional in Indiana. It is being appealed.

Sen. Sandra Williams, D-Cleveland, asked that lawmakers not use public money to defend the proposed requirement. But Republicans rejected that idea.

The proposed law needs approval from the Ohio House before it could head to Gov. John Kasich's desk. Kasich has not weighed in on this idea but has largely supported Ohio Right to Life efforts.