Tag Archives: Down Syndrome

Federal judge blocks Down syndrome abortion ban in Ohio

Supporters of Planned Parenthood (L) rally next to anti-abortion activists outside a Planned Parenthood clinic in Detroit, Michigan, U.S. February 11, 2017. REUTERS/Rebecca Cook

By Kim Palmer

CLEVELAND (Reuters) – A federal judge on Wednesday blocked an Ohio law due to take effect later this month that would criminalize abortions based on a Down syndrome diagnosis, ruling that it violates a woman’s right to choose.

U.S. District Judge Timothy Black’s decision came after the Ohio state chapter of the American Civil Liberties Union filed a lawsuit in federal court in Cincinnati, arguing the legislation violated the liberty and privacy clause of the Fourteenth Amendment of the U.S. Constitution.

“Because H.B. 214 prevents women from making the choice to terminate their pregnancy prior to viability, it is unconstitutional on its face,” Black wrote in his 22-page ruling.

Down syndrome is a genetic disorder caused when abnormal cell division results in an extra full or partial copy of chromosome 21.

Under the legislation, signed into law by Republican Governor John Kasich last December, doctors would lose their medical licenses in the state and face a fourth-degree felony charge if they were to perform an abortion with that knowledge.

Mothers would not face criminal charges.

“The Down syndrome abortion ban violates four and a half decades of legal precedent that says a woman has the unfettered right to choose whether to end a pregnancy before the point of viability,” Kellie Copeland, executive director of NARAL Pro-Choice Ohio said in a statement.

A spokesman for Ohio Attorney General Mike DeWine said Wednesday that his office was planning to defend the law passed by the state’s majority of Republican lawmakers.

“While we are reviewing this ruling to determine further action, the Ohio Attorney General’s Office will continue to vigorously defend Ohio law,” spokesman Dan Tierney said.

The Ohio law marks the 20th restriction on abortion and reproductive rights signed by Kasich since 2011, according to NARAL Pro-Choice Ohio.

Similar laws have been passed in Indiana and North Dakota. An Indiana District Court issued a permanent injunction on a similar Down syndrome abortion ban on Sept. 22, 2017.

(Reporting by Kim Palmer in Cleveland; Editing by Dan Whitcomb and Lisa Shumaker)

Ohio passes law barring abortion over Down syndrome diagnosis

Ohio passes law barring abortion over Down syndrome diagnosis

By Kim Palmer

CLEVELAND (Reuters) – Women in Ohio would be prohibited from receiving abortions because of a fetal Down syndrome diagnosis under a bill that passed the state senate on Wednesday and is heading to Republican Governor John Kasich’s desk.

Lawmakers voted 20-12 in favor of the law, which criminalizes abortion if the physician has knowledge that the procedure is being sought due to a diagnosis of Down syndrome, a genetic disorder caused when abnormal cell division results in an extra full or partial copy of chromosome 21.

Doctors would lose their medical licenses in the state and face a fourth-degree felony charge under the law if they were to perform an abortion with that knowledge. Mothers would not face criminal charges.

The bill makes Ohio the third state to pass a law outlawing abortions due to fetal anomalies. Similar laws were passed in Indiana and North Dakota. The Indiana provision was struck down by a U.S. District Judge in September after a lawsuit filed by the American Civil Liberties Union.

Kasich spokesman Jon Keeling declined to say whether the governor would sign the measure into law. He added that when Kasich was asked about a similar bill in the Ohio House, he had called it “appropriate.”

Abortion opponents cheered the move and said they expected the governor to sign the law.

“Every Ohioan deserves the right to life, no matter how many chromosomes they have,” said Mike Gonidakis, president of Ohio Right to Life.

Abortion-rights supporters wore “STOP THE BANS” T-shirts in the Senate chamber on Wednesday as the vote went forward.

The law “will create a chilling effect on the medical profession in our state and could result in a shortage of gynecologists willing to practice in Ohio,” Kellie Copeland, executive director of NARAL Ohio, an abortion-rights advocacy group, said in a phone interview on Wednesday.

The ACLU of Ohio said it was still evaluating the final bill before deciding whether to pursue legal action.

Kasich has 10 days to sign the bill into law after it is delivered to his office. If he does so, it will mark the 20th piece of Ohio legislation restricting abortion rights and funding for reproductive health passed in the six years he has been governor.

Unlike many other anti-abortion laws in the state, the Down syndrome bill did not pass strictly along party lines, with some Republicans joining the entire Democratic caucus in voting against the measure.

(Reporting by Kim Palmer; Editing by Patrick Enright and Matthew Lewis)

Atheist Leader Calls For Down Syndrome Babies To Be Aborted

A major atheist leader is drawing fire from the pro-life community after he said children who have Down Syndrome should be aborted.

Richard Dawkins also said “unless you are a vegan, you are in no position to object to abortion.”

Dawkins said the justification for killing any Down Syndrome child is that they do not have human feelings when they are in the womb.

Dawkins’ comments drew many angered comments but also some very reasoned responses including from Kurt Kondrich, whose daughter inspired the Down Syndrome Prenatal Education Act in Pennsylvania.

“My 11-year old daughter has been nothing but a priceless blessing to our family and community since her birth, and she is a girl with many abilities,” he stated, noting that Chloe is active in a variety of activities, including volleyball and baseball, and loves to read. “Chloe has planted countless positive seeds, and she is a beautiful, intelligent, independent young lady who has accomplished more amazing feats in 11 years than most people do in a lifetime. She is more than capable of taking care of herself and helping others.”

Several groups said that Dawkins’ comments were in line with those of people in history who advocated eugenics and the elimination of individuals called “defective” by those in power.