What's Happening?
Desalyn Swank, a law student at the University of Idaho, successfully drafted and advocated for a bill that criminalizes the possession and sale of human remains in the state. The legislation, House Bill 856, took effect on July 1 and makes it a felony
to sell, own, buy, or lease artifacts or human remains taken from burial sites, or to advertise the sale of material presented as real human remains. Exceptions are made for government duties, licensed medical practices, mortuaries, cemeteries, and medical research facilities. Swank, inspired by her background as a mortician's daughter, worked with coroners, law enforcement, and other stakeholders to craft the bill. Despite being introduced late in the legislative session, the bill passed both the Idaho House and Senate unanimously, a rare occurrence. State Representative Heather Scott, R-Blanchard, sponsored the bill and credited Swank's initiative and active involvement in the legislative process.
Why It's Important?
This legislation is significant as it addresses a previously unaddressed loophole in Idaho law regarding the commercial trade of human remains, which Swank described as a 'heinous' retail market. The unanimous passage of the bill highlights a broad consensus among Idaho lawmakers on the ethical and cultural importance of respecting human remains. The law aims to prevent the exploitation of deceased individuals and their resting places, reinforcing societal values concerning dignity in death. For the legal profession, Swank's achievement demonstrates the potential for law students to directly influence policy and fulfill the professional responsibility of lawyers to reform and improve laws. Her mentor, Richard Seamon, emphasized that lawyers are uniquely positioned to advocate for legal improvements, and Swank's success serves as a powerful example of this principle in action.
What's Next?
While House Bill 856 has been enacted, Desalyn Swank believes that 'tougher laws' are still needed to fully address the issue of human remains retail. This suggests that further legislative efforts to strengthen protections and close potential loopholes may be pursued in Idaho or other states. The success of this bill could also inspire similar legislative initiatives in other jurisdictions across the U.S. where such commercial activities might be unregulated or inadequately addressed. Swank's continued dedication to this cause, as noted by her professors, indicates that she may continue to advocate for more comprehensive legal frameworks in this area as she progresses in her legal career. The unanimous support for this bill in Idaho could serve as a model for other states considering similar legislation.
Beyond the Headlines
The passage of this bill touches upon profound ethical and cultural dimensions surrounding death and the treatment of human remains. The commercialization of human remains, as described by Swank, challenges deeply held societal norms of respect for the deceased and the sanctity of burial sites. This legislation underscores a collective societal rejection of treating human remains as mere commodities. It also highlights the often-overlooked issue of the 'human remains retail market,' bringing to light practices that many may find disturbing, such as skulls being sold online. The bill's success reflects a broader cultural imperative to protect the dignity of the dead and prevent their exploitation, reinforcing the idea that certain aspects of human existence, even after death, should be beyond commercial transaction. This could spark wider public discourse on the ethical boundaries of commerce and the legal protections afforded to the deceased.
