Victory: Appeals Court Sides with Fort Wayne Death Doula in First Amendment Lawsuit

CHICAGO—On Thursday, the 7th U.S. Circuit Court of Appeals ruled in favor of Fort Wayne death doula Lauren Richwine in her First Amendment lawsuit challenging the state of Indiana’s unconstitutional restrictions on discussing end-of-life care. Lauren and her attorneys from the Institute for Justice (IJ) filed the lawsuit in August 2023, after Lauren was told she must shut her death consulting business unless she spends enormous time and money obtaining unrelated funeral home and funeral director licenses.   

“This ruling is not only a personal victory. It upholds the freedom required for individuals and families to explore the full scope of their options when faced with death,” said Lauren. “Choosing how we will be with and care for our loved ones after they have died is inherently, deeply human and a right that belongs to the people, not the state. It is an honor that I will be able to continue supporting others as they face loss with as much love, courage and tenderness as possible.” 

Through her business, Death Done Differently, Lauren meets with clients and helps them come up with an end-of-life plan, including things such as delegating tasks, helping families navigate the range of funeral options, and providing emotional and financially disinterested support while the family makes decisions. What she does not do is the technical work of funeral directors like transporting or embalming bodies. But in 2023, the state of Indiana demanded Lauren shut down her business unless she obtain both a funeral home license and a funeral director license, which would cost thousands of dollars, require her to take classes completely unrelated to the work she does, and require her to purchase or rent a funeral home for which she would have no use.  

In Thursday’s decision, the court said: “This approach furthers the state’s interests the way an atom bomb would further the eradication of a residential ant infestation.” This decision upholds a lower court’s injunction, which permitted Lauren to continue operating Death Done Differently while the lawsuit is pending.  

“We’re thrilled that the court saw Indiana’s restrictions on discussing end-of-life care for what they are: an unconstitutional restriction on free speech,” said IJ Attorney Ben Field. “You should not need to spend thousands of dollars on unrelated funeral licenses just to educate someone on their end-of-life options.”  

The lawsuit will now head back to the lower court for further proceedings.