AUSTIN, Texas _ A federal judge on Wednesday blocked a Texas law that requires fetal tissue to be buried or cremated.
Senior U.S. District Judge David Ezra issued a permanent injunction halting enforcement of the law, ruling that the statute placed "substantial obstacles in the path of women seeking medical care."
"Texas currently has no viable, integrated system in place for disposing of embryonic and fetal tissue remains in compliance with the challenged laws," putting doctors and health centers at risk of being unable to comply with the statute's requirements, Ezra said from the federal courthouse in downtown Austin.
Ezra sided with abortion providers who complained that the statute could force clinics to close because of a limited number of vendors willing and able to meet the law's requirements. Providers also said the requirement created an improper burden by disregarding the personal beliefs of pregnant women in favor of the state's view that fetal tissue must be treated as a person.
Texas Attorney General Ken Paxton, whose lawyers fought to preserve the law, said the ruling will be appealed.
"Today's ruling is disappointing, but I remain confident the courts will ultimately uphold the Texas law, which honors the dignity of the unborn and prevents fetal remains from being treated as medical waste," Paxton said.
Ezra, however, said his ruling included a significant concession to Paxton's legal team by acknowledging that states have a legitimate interest in enacting "a well-thought-out and workable" law designed to "promote respect for potential life."
"However, in doing so ... the state must provide an adequate and workable system by which medical providers can dispose of tissue without providing an undue burden on women and medical providers," the judge said.
