Bill charts path for objecting to autopsies on religious grounds

Family members could expect medical examiners to consult with them before performing an autopsy, under a bill sent to the House Floor Thursday by the House Public Safety and Crime Prevention Policy and Finance Committee.

HF1935, sponsored by Rep. Steve Green (R-Fosston), would allow medical examiners or coroners to conduct autopsies — even over families’ religious objections — when there is a “compelling state interest.” But families would also be able challenge such a determination in court.       

The bill arises from a family’s experience after the Feb. 7 death of Mille Lacs Band of Ojibwe member Mushkoob Aubid, 65, in a single-car crash in Carlton County.

In the Midewiwin religious tradition, autopsies are a form of desecration. But the medical examiner insisted on performing one, even after Aubid’s family got a judge to order him to turn over the body. Only after the county attorneys of St. Louis and Carlton counties interceded with the medical examiner was the autopsy called off.

The family’s story — as told by Fond Du Lac Band of Lake Superior Chippewa attorney Rebecca St. George, Mille Lacs Band of Ojibwe attorney Tadd Johnson, and Aubid’s widow, Winnie LaPrairie —elicited expressions of sympathy and regret from committee members.

“My confidence in our judicial system was shaken the night of my husband’s death, when I learned that some people with power are above the law,” LaPrairie said. “But yet I still could not take him home. I was heartbroken. I couldn’t understand how one man could ignore a court order. And I still don’t understand. It took 10 hours and two county attorneys before we could take my husband home.”

A nearly identical series of events took place only days later, after the death of a young Fond du Lac Band member in another vehicular accident, putting efforts to strengthen the standing of families objecting to autopsies on religious grounds into high gear.

Along with deep regret about the families’ ordeals, committee members expressed surprise — and some concern — at the speed with which the bill had moved from its inception only weeks before. Their worries about changes to the law were echoed by Hennepin County Medical Examiner Andrew Baker, who testified Tuesday on behalf of medical examiners in Minnesota’s biggest counties at the House Civil Law and Data Practices Committee’s hearing on the bill.

“What happened Up North was appalling,” Baker said. “I’m embarrassed for my profession. It never should have happened.” But he emphasized he would prefer to see potential changes to the law crafted with greater deliberation — over “months, not days.”

On Thursday, Baker expressed satisfaction with the compromise struck with proponents, including the Joint Religious Legislative Coalition, in intense negotiations over the past few weeks. 

The companion, SF1694, sponsored by Sen. Tony Lourey (DFL-Kerrick), awaits action by the Senate Finance Committee.