In a split decision Tuesday, the Supreme Court ruled that Indiana cannot ban selective abortions motivated solely by the fetus’ sex, race, or disability as per a 2016 law. Justices did, however, allow the state to move forward with restrictions on how fetal remains are handled after an abortion is performed.
The restrictions? That fetal remains must be buried or cremated following an abortion.
It’s a small win for the anti-abortion movement in that with just one unlikely ruling, the United States Supreme Court unintentionally, and possibly unknowingly, settled one of the most debated arguments in the case for abortion: That an unborn child is a human, and eliminating them is a tragic death that should be handled with dignity.
Abortion activists have long focused their argument on two primary clauses. The first is a woman’s right to choose, which often negates the baby’s basic human right to life. The second argument, and probably the most stifling of the two, is declaring that the unborn is not a human, just a mere fetus — thus it needs not to be treated like a human, even in death.