DOJ and ACLU Delaware Taking Legal Action After Seaford Passed A Fetal Remains Ordinance

SEAFORD, Del. - Legal action is being taken after Seaford City Council passed an ordinance that will change what happens after an abortion. It was a split vote at 3-2 and a split reaction afterward. 

This new ordinance does not immediately go into effect as some pro-life advocates would like to see happen.

There are some legal battles currently taking place by the ACLU of Delaware and the Delaware Department of Justice, claiming Seaford City Council does not have the authority to put such an abortion-related ordinance in place.

A new ordinance in Seaford would require that women seeking abortions would have to bury or cremate fetal remains. This comes after a 3-2 vote during the Seaford City Council meeting.

The ACLU of Delaware is taking action to try and stop this from ever going into effect.

"This is a flagrant violation of the Delaware state law, of the U.S. constitution, and when we believe that there is a fundamental right at risk, we will lose all possible means including litigation to protect those rights," said Mike Brickner the Executive Director of ACLU Delaware.

Mayor of Seaford David Genshaw said in a statement to WRDE that read in part: "We would not have pursued this ordinance if we did not feel we had a strong legal standing. We also would not have pursued if we did not have overwhelming public support from the Seaford and surrounding communities,"

The Delaware Department of Justice sent the Seaford City Council a letter Tuesday stating that the council lacks the legal authority to enact the ordinance.

In a statement to WRDE, Kathy Jennings said in part, "I am left with no choice but to do exactly what the councilmen were warned of: sue one of our own cities on behalf of the people of our state."

During Seaford's meeting, councilman Dan Henderson says he voted yes because he believes fetal remains should be disposed of differently.

"We as a society do this even for the most heinous criminals whom we execute in our prisons," said Henderson.

Brickner says he wishes there would be a partnership between centers like Planned Parenthood and Seaford to bring solutions to other issues.

"We could be talking about the more important issues like the health disparities that are very much present throughout our communities here in Delaware, infant and maternal mortality issues that if Seaford city council and mayor actually partnered with Planned Parenthood to address there could be some really positive things happening in Seaford," added Brickner.

Councilman Henderson also says that if the patient opts out the facility will handle the disposition of the remains. Mayor Genshaw said that this ordinance will be advertised for 30 days and will go into effect after that. However, given current legal action, there are more questions than answers as to how likely that will be.