AG : Delaware city’s abortion ordinance unconstitutional

SEAFORD, Del. — A small Delaware city has passed an abortion ordinance that the state’s attorney general has called unconstitutional.

The News Journal reports that the Seaford City Council voted 3-2 on Tuesday in favor of the measure that requires the burial or cremation of “fetal remains” from any abortion performed in the city. Critics argue it creates barriers to abortions, but supporters say it’s about the dignified disposal of remains.

The measure was introduced in September and tabled while the state Department of Justice determined whether it’s “consistent with federal and state law.” Attorney General Kathleen Jennings said Tuesday that state law would preempt the ordinance and it was “fatally subject to injunction because it is unconstitutional.”

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