Indiana violated the First Amendment rights of a Fort Wayne "death doula" after it required her to obtain a funeral director license to provide end-of-life transition services, the Seventh Circuit court ruled.
The state argued Lauren Richwine's consulting business, "Death Done Differently," was operating in a manner that required a state funeral director license. The funeral industry is regulated to ensure that ethical handling and legal requirements are met.
However, on Aug. 28, the three-judge panel agreed with Richwine that her business does not offer services under the scope of such a license, and by asking her to cease to provide the bulk of her services, the state is infringing on her right to free speech.
"This approach furthers the state’s interests the way an atom bomb would fu