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Texas Coroner Wants Exemption From State Religious Freedom Restoration Act

By Howard M. Friedman

Yesterday's Houston Chronicle reported that the Harris County, Texas Medical Examiner's Office is considering asking the state legislature to enact legislation to exempt the coroner's office from Texas Religious Freedom Restoration Act. Last year, a Texas court invoked the law to bar an autopsy of an Orthodox Jewish man who committed suicide after battling depression. The medical examiner's office however, says that a judge or member of the clergy should not be able to overrule a coroner's decision that an autopsy is needed. State law calls for an autopsy in cases of murder, suicide and or where the cause of death is not known. In cases of Jewish or Muslim families, the coroner's office preserves all body parts and fluids for burial, and expedites autopsies so burial can take place quickly as required by religious law. [Thanks to Steven H. Sholk for the lead.]

Full post as published by Religion Clause on October 12, 2008 (boomark / email).