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"Why Aborted Babies’ Bodies Deserve Respect Even If They Aren’t Considered Persons" -Kevin LeRoy in The Federalist
By The James Wilson Institute • Posted on May 12 2025
A law in Indiana, which prohibits abortions to be performed if done in discrimination of race, sex, or disability, and mandates that all aborted babies bodies be disposed of respectfully, is under legal scrutiny. In his piece, “Why Aborted Babies’ Bodies Deserve Respect Even if They Aren’t Considered Persons,” Kevin LeRoy (JWI Legal Fellow, 2016) examines the rationality of the latter part of the law.   "Planned Parenthood’s case against Act 1337’s respectful-disposition provision rests upon a fundamental misunderstanding of the scope of Roe v. Wade. "Since time immemorial, affording the deceased a respectful disposition has been a moral imperative. Thus the wrath of Achilles was tempered by Priam’s efforts to bury his son, the slain hero Hector. Antigone defied a royal decree at the price of her life to bury her brother because “there are honors due all the dead.” Christianity teaches that “burying the dead” is a corporal work of mercy, on the same moral plane as feeding the hungry. "More controversially, an unborn child certainly seems like a person, so should also receive the dignity of a respectful disposition. Like the born child, an unborn child is a unique member of the human species who directs her own development toward her own distinct end. She of course requires nourishment from her mother to live, but so too the born child. From this first-principles perspective, then, Act 1337 treating deceased unborn children like deceased persons, by mandating the respectful disposition of their remains, also easily clears rational basis." Read the whole piece here.