Minnesota Halt on Natural Burials Runs Afoul of Religious Freedom

The state of Minnesota passed a law barring new cemeteries from offering ‘green’ burial for two years. Green or natural burial eliminates the use of toxic embalming chemicals, concrete vaults, and steel-lined caskets in favor of burial using natural materials such as wood and linen. As Walker Orenstein explains in MinnPost, proponents say the practice is better for the environment, prevents chemicals from leaching into the ground, and leads to faster, more natural decomposition. The ban will not apply to cemeteries already using the practice.

The moratorium was passed as a response to unfounded concerns that burying bodies at a shallower depth than the traditional six feet could pollute water or lead to bodies dug up by wildlife. However, thousands of cemeteries around the country and the world—including traditional Jewish and Muslim graveyards, not to mention every American cemetery prior to the Civil War—perform natural burials with no problems.

The law, which was aimed at a proposed new green cemetery, also comes into conflict with religious freedom. “Could Minnesota’s green burial law potentially block new Islamic and Jewish cemeteries for two years? And did Minnesota lawmakers consider that when passing the moratorium?” Kyle Anderson, funeral director and cemetery manager for the Minnesota Islamic Cemetery Association, says “there will be a need eventually for more cemeteries serving Muslims in the area, since Garden of Eden, which he estimates handles more than 90% of burials for Muslims in the Twin Cities, will be full in as soon as a decade.”