It’s a ban that even supporters acknowledge will be hard to enforce. Yet 2021 has been a breakthrough year for legislation in several states seeking to prohibit abortions based solely on a prenatal diagnosis of Down syndrome.
Governors in Arizona and South Dakota recently signed such bills into law, and similar measures are pending in North Carolina and Texas. Most significantly, a federal appellate court said Ohio could begin to implement a 2017 law that has been on hold.
Although that ruling by the 6th U.S. Circuit Court of Appeals conflicted with other federal court decisions, pro-life activists say it increases the chances that the U.S. Supreme Court will agree to consider a case addressing the challenging issues the legislation poses. That could clear the path for bans to be enacted in some other states where courts are blocking them.
The high court – with a 6-3 conservative majority resulting from three appointments by former President Donald Trump – recently signaled its willingness to reconsider the 1973 Roe v. Wade ruling establishing a nationwide right to abortion. The justices agreed to consider a Mississippi law that seeks to ban abortions after 15 weeks. Roe essentially legalized any abortion taking place before a fetus could survive outside the mother’s womb, generally around 24 weeks.
‘Worth being passed’
Katherine Beck Johnson, a lawyer with the conservative Family Research Council, acknowledged that the Down syndrome laws might be easy to circumvent. Doctors could tell women not to share their specific reasons for wanting an abortion.
“But even if it’s hard to enforce, it’s worth being passed,” she said, “It’s important for a state to show they’re not supporting eugenics; they want to remove the stigma of people who have Down syndrome.”
According to the National Down Syndrome Society, about one in every 700 babies in the United States, or roughly 6,000 annually, is born with the condition, which results from a chromosomal irregularity. There are no official figures on how many prenatal diagnoses of Down syndrome prompt a decision to abort; a 2012 study by medical experts estimated the abortion rate was 67%.
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