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Washington Report
June 2007
ICCFA supports end to Maryland law banning most corporate funeral homes
by ICCFA General Counsel Robert M. Fells, Esq.
On April 24, the ICCFA submitted an amicus curiae, or "friend of the court," brief to the U.S. District Court for Maryland in the case of Brown v. Hovatter. This litigation challenges the constitutionality of the state Morticians Act that, among other things, prohibits the corporate ownership of funeral homes, with the exception of 58 corporate licenses that were "grandfathered" into the law back in 1945.
The association's brief states: "Since at least 97 percent of ICCFA's members are corporations, the ICCFA is concerned by Maryland's unique statute banning corporations from entering the Maryland funeral home market. ... These ownership restrictions discriminate against interstate commerce and unduly burden interstate commerce in violation of the dormant Commerce Clause of the United States Constitution, Article I, Section 8, Clause 3."
The amicus brief draws the court's attention to the fact that "87 percent of funeral homes that have employees are organized as corporations according to the 2002 census. ... The Morticians Act, which provides no discernible health or welfare benefits to the people of Maryland, discriminates against and burdens interstate commerce by preventing virtually any out-of-state ICCFA member from entering the Maryland funeral home market."
The brief cites several federal court decisions involving similar restrictions in other states' laws governing other industries that have been found unconstitutional.
For more information regarding the amicus brief, contact ICCFA General Counsel Bob Fells at 1.800.645.7700.
The complete text of the brief is posted at www.iccfa.com/pdf/amicus_brief.pdf
Copyright ICCFA 2007
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