Tennessee House OKs bill requiring fetal remains from abortions to be buried or cremated

State Senate consideration is set for Wednesday

Rep. Tim Rudd, R-Murfreesboro. (AP Photo/Mark Humphrey)
Rep. Tim Rudd, R-Murfreesboro. (AP Photo/Mark Humphrey)

NASHVILLE - Tennessee House Republicans on Monday approved legislation requiring women or medical providers to cremate or bury fetal remains from surgical abortions despite objections from Democrats, including one who charged her GOP colleagues were "using your legislative powers to bring trauma upon women."

House Bill 1181 passed on a 69-22 vote, sending the measure on to the Republican-led Senate, which is expected to pass it. At least 10 other states have similar laws, and proponents said such laws have withstood federal court scrutiny.

The bill's sponsor, Rep. Tim Rudd, R-Murfreesboro, said that family pets are accorded greater respect in death than aborted fetuses.

"We're not denying anybody's choices," Rudd said. "These are children who are abandoned I think it's time we talk about the dignity of this unborn child."

Rep. London Lamar, a Memphis Democrat whose pregnancy ended last year in a miscarriage, called Rudd's bill "one of the most offensive pieces of legislation I've heard this year," adding it could potentially impact "women who've been raped, who've been pregnant and you're pushing them to bury or cremate that?"

Rep. Robin Smith, R-Hixson, defended the measure. She noted that as a former heart transplant nurse, "I can tell you the difference between medical waste and a pre-born child. It's very much different."

Smith described transporting deceased adults to the "same morgue with the aborted babies. It's not fetal tissue, it's dismembered children."

Women would be given a choice of having the remains buried or cremated. Rudd said abortion providers already will pay for that but noted there are private groups that will pay for a funeral.

In response to questions raised by House Democratic Caucus Chair Vincent Dixie, a Nashville lawmaker, Republicans acknowledged that a woman who wished to donate the remains to medical science would not be allowed to if the procedure was done in an abortion clinic. If the procedure occurred in a hospital setting, such donations could still be made.

Rudd also said the bill would allow law enforcement officials if they have a warrant to direct the tissue be preserved "in case of criminal investigation."

Rep. Gloria Johnson, D-Knoxville, chided Rudd and other Republicans, saying "you talk a lot about the dignity of the fetus, and that's important. But what about the dignity of the women their dignity, their choice is being taken away as folks continue to chip away at control of their bodies."

The Senate version, sponsored by Sen. Janice Bowling, R-Tullahoma, was scheduled to be considered Monday night but was delayed, apparently to give Rudd the opportunity to move first. Bowling's measure, Senate Bill 828, is scheduled for Senate floor debate on Wednesday.

Contact Andy Sher at asher@timesfreepress.com or 615-2555-0550. Follow on Twitter @AndySher1.

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