Ohio Abortion Remains Disposal Law Rejected by Appeals Court (1)

Feb. 25, 2026, 5:12 PM UTCUpdated: Feb. 25, 2026, 9:51 PM UTC

A Republican-passed Ohio law mandating the burial or cremation of fetal remains from abortions violates a reproductive rights-focused amendment to the state constitution, an all-Democratic appeals court ruled Wednesday.

The amendment—which voters passed in 2023, the year after the US Supreme Court said abortion rights should be left to state lawmakers—applies to conduct that takes place before, during, and after a procedure, Presiding Judge Jennifer Kinsley (D) of the Ohio Court of Appeals, First District said as she rejected the state’s arguments to the contrary.

“Nothing in this history or the rationale for the Amendment suggests that the voters ...

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