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Supreme Court Rejects Abortionists’ Demands for Church Emails


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Texas Catholic bishops will not have to turn over communications related to burying aborted babies

Bill McMorris
February 19, 2019

The Supreme Court rejected an abortion provider's bid to obtain private communications of Catholic officials who helped to lay the remains of aborted babies to rest.

On Monday, the high court announced that it would not take up Whole Woman's Health v. Texas Catholic Conference of Bishops in its next term. The Texas-based abortion chain was appealing a 5th Circuit Court of Appeals ruling that rejected its request to dig into the private communications of church officials who helped to bury the remains of aborted babies. The 2-1 majority not only affirmed that burying fetal remains was constitutional, but that the request to review Church records was rooted in intimidation.

"The First Amendment expressly guarantees the free exercise of religion—including the right of the Bishops to express their profound objection to the moral tragedy of abortion, by offering free burial services for fetal remains. By contrast, nothing in the text or original understanding of the Constitution prevents a state from requiring the proper burial of fetal remains," the Fifth Circuit said in its decision. "They leave this Court to wonder if this discovery is sought, inter alia, to retaliate against people of faith for not only believing in the sanctity of life—but also for wanting to do something about it."

(Snip)

The records request lawsuit began shortly after Whole Woman's Health successfully challenged abortion reforms passed by Texas. In 2016, justices ruled 5-4 that the law infringed on abortion access. In addition to safety regulations and hospital admitting privileges, the law also required that aborted baby remains be given proper burials, rather than treated as medical waste. Catholic cemeteries arranged free burials for aborted babies, which dragged it into Whole Woman's Health's lawsuit against the state government.

Whole Woman's Health did not return request for comment about the ruling.

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