Chancery Court of Delaware in Wilmington

SEAFORD, Del. - The City of Seaford defending its controversial fetal remains ordinance Thursday in court.

It was in December the city council passed the ordinance that required the burial or cremation of fetal remains after an abortion. The ordinance came just weeks before Planned Parenthood opened a location in the city.

Seaford was then sued by State Attorney General, Kathy Jennings, who said the ordinance was unconstitutional.

Thursday morning in Wilmington, a hearing took place in the Chancery Court of Delaware over whether or not the ordinance can remain in place.

The state of Delaware argues this is an anti-abortion policy, while the city of Seaford says the ordinance just focuses on the disposal of fetal remains.

Carol Greenway attended the hearing because she does not agree the ordinance should be allowed in Seaford.

“I believe that the City of Seaford is trying to impose unnecessary burdens both morals and economic on women seeking reproductive health care in the state of Delaware,” says Greenway.

Wednesday night, the Seaford City Council voted on some language changes for the fetal remains ordinance as requested by the state but none of these provisions change the requirement of burial or cremation of fetal remains.

The judge says he will expedite this case due to its sensitive nature and will try to make a decision by June. 

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