Posted: November 30th, 2016 | By: Emily Eisert
Professor Tanya Marsh was quoted in following Washington Post article, ”After months of controversy, Texas will require aborted fetuses to be cremated or buried,” written by Samantha Schmidt and published on Nov. 29, 2016. The story also ran on MSN News.
Marsh shares her opinion on the “question of what we own of ourselves” regarding Texas’ new rules that require fetal remains to be buried or cremated. The highly controversial rules, which face great opposition from abortion rights advocates, will take effect Dec. 19, according to the article.
Marsh tells the Washington Post, “The question of what we own of ourselves — what is the legal status of biological material that’s been removed from us — there’s very little law about that, except to say that it’s not ours.”
In terms of fetuses, “That’s an area in between people born alive and a part of person that had no capability of independent existence. These are deep philosophical, religious, and legal questions that we’ve punted,” Marsh said.
Marsh teaches Funeral and Cemetery Law; Property; Real Estate Transactions; a Seminar on Law, Business, and the Economy and Professional Development. Her scholarship addresses the laws regarding the status, treatment and disposition of human remains, as well as commercial real estate and the regulation of community banks. She has authored two books: “The Law of Human Remains” (2015) and “Cemetery Law” (2015).