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INDIANA, September 26, 2017 (LifeSiteNews) – A federal judge permanently ruled that an Indiana law prohibiting abortions based on the baby’s race, gender, or disabilities is unconstitutional.

She also threw out a portion of the law requiring aborted babies to be buried or cremated.

U.S. District Court Judge Tanya Walton Pratt wrote that women have the “right to choose” abortion for any reason before the baby is viable, citing Planned Parenthood v. CaseyPlanned Parenthood v. Casey was a landmark 1992 Supreme Court decision that upheld Roe v. Wade but allowed states to regulate abortion as long as doing so doesn't create an “undue burden” for mothers.  

This “leaves no room for the State to examine, let alone prohibit, the basis or bases upon which a woman makes her choice,” wrote Pratt. “The right to a pre-viability abortion is categorical.”

“We are deeply disappointed that Planned Parenthood can discriminate against unborn children and target them for abortion,” said Mike Fichter, president and CEO of Indiana Right to Life. “Planned Parenthood, the ACLU, and Obama-appointed Judge Pratt do not represent the majority of Hoosiers.”

“It’s a shame that Planned Parenthood cares more about their bottom line than recognizing the worth of children with Down syndrome,” continued Fichter. “No one should be targeted for abortion solely because of their sex, race, national origin or a potential disability like Down syndrome.”

Because humans in the womb aren’t “persons” according to the Supreme Court, Pratt wrote, their bodies can’t be required to be buried like other human remains. There is “currently no basis” that would allow the U.S. District Court “to recognize fetal tissue as a [dead] human being.”

“The Court can find no legal basis for the State to require health care providers to treat fetal remains in the same manner as human remains,” wrote Pratt. “If the law does not recognize a fetus as a person, there can be no legitimate state interest in requiring an entity to treat an aborted fetus the same as a deceased human.”

“Whether or not an individual views fetal tissue as essentially the same as human remains is each person’s own personal and moral decision,” she wrote. “The Court cannot resolve this moral question.”

When sperm and egg fuse together at fertilization, a whole, distinct, and living human being begins to exist. It has its own DNA and genetic coding from that moment, despite its tiny size.

Abortion on demand is legal throughout the U.S., making it one of seven countries with the most extreme abortion laws. Women, in addition to their unborn children, have died after abortions at some of the country’s most notorious late-term abortion facilities in New Mexico and Maryland

The actions Pratt’s ruling upheld as constitutional will allow the abortion industry to continue operating with few restrictions.

In the summer of 2015, undercover videos from the Center for Medical Progress revealed Planned Parenthood selling the body parts of aborted babies.

This year, abortion advocates protested a Texas law requiring humane treatment of aborted babies’ remains. They said it amounted to forcing “funerals” to be held for the babies killed by abortion.

Investigations from the pro-life group Live Action have revealed that the U.S. abortion industry is willing commit abortions because a baby is a girl. This is a problem internationally due to cultural preferences for boys.

Planned Parenthood has also been caught accepting racist donations specifically for the abortion of African-American babies.

The majority of babies diagnosed with Down syndrome prenatally in the U.S. are aborted. Down syndrome abortion rates are even higher in countries like Iceland, which have nearly “eradicated” the genetic disorder by aborting nearly 100 percent of those diagnosed with it.