Wednesday, October 14, 2009

Court Reverses Order Barring Autopsy Finding No Evidence of Religious Objections

In Harris County Medical Examiner v. Saghian, (TX Ct. App., Oct. 8, 2009), a Texas state court of appeals reversed a trial court's 2007 decision barring the county medical examiner from performing an autopsy on a Jewish man who apparently had committed suicide. The court rejected the trial court's finding that the autopsy violated the Texas Religious Freedom Restoration Act because, while several rabbis testified as to Orthodox Jewish beliefs regarding autopsies, there was no evidence that the deceased and his wife were in fact observant Orthodox Jews. The only evidence before the court was that the husband and wife consulted with one of the rabbis on several occasions and that the deceased attended events and classes sponsored by a Jewish organization.