AUSTIN, Texas — A federal judge will have the last words about the final resting place for fetal remains, in yet another abortion-related court battle.

Senior U.S. District Judge David Alan Ezra acknowledged the case before him this week is emotional, but said definitively it is not about the constitutionality of abortions. He said that is concerns whether the disposal of fetal remains through cremation or interment impairs a woman’s right to seek an abortion. 

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Abortion providers argue the law places an "undue burden" on women seeking medical care and infringes upon their personal beliefs. Whole Woman’s Health said its diverse range of patients do not always share the state’s views. 

“This law not based on health and safety. This laws was offensive to women and it had no purpose other than to sort of shame and stigmatize women who seek abortion, so we chose to put our resources to challenging the restriction and not figuring out how we could comply with the law,” said Amy Hagstrom Miller, president and CEO of Whole Woman’s Health. 

Lawyers for the Office of the Attorney General said the law, which passed in the last legislative session but has yet to be enforced, simply ensures the dignified disposition of fetal remains after an abortion or a miscarriage. Under the law, fetal remains cannot be disposed in landfills or sewage systems.

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The restriction is part of Senate Bill 8, a sweeping legislation that includes several prohibitions related to abortions. 

“It seems that the plaintiffs in this case want fetal remains to be ground up and tossed into a sewage system, sent to a landfill as if they were common trash. Well the U.S. Supreme Court has consistently held that states may express their respect for the unborn, as long as they do impose a substantial obstacle to a woman’s right to a pre-viability abortion,” said Marc Rylander, communications director for the Office of Attorney General. 

The state said the law actually does not change a single aspect of the procedure itself. Plaintiffs argue under current regulation, it is already difficult to find companies who are willing to contract with clinics, because of their own personal ideologies, as well as fear of retaliation. 

“We’ve had anti-abortion organizations follow vendors home, they call them, they’ve harassed them, they’ve gone to other businesses where that vendor also works and try to put pressure on them,” Hagstrom Miller said.  

This trial comes a week after the nominee of a new Supreme Court justice, prompting questions about what it means for Roe v. Wade. Judge Ezra said he follows precedent, knowing his ruling whatever it may be will set a new one. He said there will likely be an appeal regardless of what he decides. 

Attorney General Ken Paxton's statement: 

"Texas has chosen to respect unborn life by adopting rules requiring the dignified treatment of fetal remains, rather than allow health care facilities to dispose of the remains in sewers or landfills. The trial, we’ll demonstrate that the rules are constitutional and do not impact the abortion procedure or the availability of abortion in Texas. I’m confident in our arguments and look forward to the courts ultimately upholding Texas law.”