Operating in the Gray Area: Tanya Marsh on the Indiana Death Doula Case

In this special “Death Doula” edition of The Rest, host Tony Russo sits down with law professor and funeral law expert Tanya Marsh to break down the recent legal battle involving Indiana death doula Lauren Richwine. They dive into the procedural history of the case, the overbroad state regulations that sparked the conflict, and the broader, shifting landscape of occupational licensing within the end-of-life care industry.Key Takeaways & Highlights* The Indiana Conflict: The state of Indiana historically maintained a broad definition of “the practice of funeral service,” prohibiting non-licensed individuals from counseling others on the methods and alternatives for the final disposition of human remains.* The Case Against Lauren Richwine: The Indiana Attorney General’s office issued a sweeping cease-and-desist order against Richwine, claiming her work required a funeral director license.* The “Atom Bomb” Ruling: Backed by the Institute for Justice, Richwine took the state to federal court. The Seventh Circuit Court of Appeals ultimately upheld a preliminary injunction against the state, famously noting that Indiana’s broad restriction on speech “furthers the state’s interests the way an atom bomb would further the eradication of a residential ant infestation.”* The Settlement Context: On June 9, the parties entered into a consent decree. While the permanent injunction successfully protects Richwine and her business, the underlying broad statute remains on the books for everyone else in Indiana.* The Future of Death Doulas: Tony and Tanya explore the ongoing tensions within the death doula community regarding whether to remain completely outside the traditional system or to pursue formalized state certification and licensing.About Our Guest: Tanya MarshTanya Marsh is a professor of law at Wake Forest University School of Law in Winston-Salem, North Carolina, and an Indiana-licensed attorney with over 26 years of experience. She is a leading expert in funeral and cemetery law and hosts the podcast Death et seq. She also serves on the board of the Funeral Consumers Alliance of North Carolina.Links & Resources Mentioned* Article: Tanya’s breakdown of the case on Talk Death * Book Mention: Jane Callahan’s A Death Doula’s Guide to a Meaningful End Here’s * Organization: Institute for Justice Get full access to On Deathcare at ondeathcare.substack.com/subscribe