Should We Treat an Aborted Fetus as a Deceased Person?

In 2016, when Mike Pence was governor, the state of Indiana passed a law requiring “the burial or cremation of any fetus.” The question at hand is should we treat an aborted fetus as a deceased person? Planned Parenthood filed a lawsuit against the state, which went all the way to the U.S. Supreme Court. Finally, in 2019, the court ruled that Indiana law had a legitimate interest in disposing of fetal remains.

In 2020, a group of women who had abortions in Indiana, along with abortion providers and an abortion clinic, filed a lawsuit in the U.S. District Court for the Southern District of Indiana. They said that the requirements caused abortion and miscarriage patients “shame, stigma, anguish, and anger” because they “send the unmistakable message that someone who has had an abortion or miscarriage is responsible for the death of a person.”

In September of 2022, U.S. District Judge Richard L. Young ruled that the law violated the U.S. Constitution because it infringes upon the religious and free speech rights of people who don’t believe that aborted fetuses have any rights.

Whether we should treat an aborted fetus as a deceased person highlights the real issue in the abortion question. That is, whether or not a baby is a human before birth. Those who argue for abortion do not have scientific support for their position. The unborn child is not “an extension of the mother’s body.” Every medical attempt to define when a baby is a human fails because of the criteria used. Using brain waves, the ability to live outside the womb, the heartbeat, or when the fetus responds to outside stimuli are all arbitrary and change as technology advances.

In today’s world, having an abortion is safer than natural childbirth. The number of women who die in childbirth worldwide is vast, and even in the United States, there is a risk in giving birth. When you look at the arguments for abortion, consider how they can be applied to euthanasia for a person with age or mental issues. Some people want to use similar arguments to eliminate the cost and personal inconvenience of people at the other end of life’s journey. Ethics proponents like Dr. Peter Singer use them to justify euthanizing the mentally ill and the severely physically disabled.

Should we treat an aborted fetus as a deceased person? As our civilization embraces atheism, naturalism, and humanism, will it embrace a 100% materialistic view of human value? The recent ruling in Indiana seems to indicate that is the case.

— John N. Clayton © 2022

Reference: Indianapolis Star and USA Today Network for September 30, 2022.