January 4, 2018

Federal judge sides with Indiana University to block key provisions of fetal trafficking law

U.S. District Court Judge Jane Magnus-Stinson
U.S. District Court Judge Jane Magnus-Stinson mainly sided with Indiana University last week in striking down key fetal trafficking provisions of Indiana’s Dignity for the Unborn Act. The ruling means Indiana is blocked from enforcing much of the law aimed at prohibiting the trafficking of parts from aborted babies in Indiana.

“We are gravely disappointed with this ruling,” stated Indiana Right to Life President and CEO Mike Fichter. “The purpose of the law is to prevent the trafficking of aborted baby parts in our state. Most of the safeguards in the law are now gutted due to Indiana University’s penchant for using the parts of aborted babies for experimental purposes.”

Indiana University [IU] sued to block the law due to its provision that prohibits the “acquisition, receipt, sale and transfer” of aborted fetal tissue. In its pleadings, IU acknowledged it obtains tissue from organs such as brains, livers and kidneys for experiments. However it argued the law’s definition of fetal tissue is too “vague” when defining it as, “tissue, organs, or any part of an aborted fetus.” IU also argued that the definition of what it means to “transfer” aborted tissue is too “vague.”

While undercutting much of the law’s effectiveness, Magnus-Stinson’s ruling does let stand provisions including the prohibition of selling aborted tissue or organs and the prohibition on altering the timing or type of abortion for the purpose of obtaining parts from aborted babies.

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