Federal Court allows Ohio to ban Down syndrome abortions

by Karen Faulkner, Worthy News Correspondent

(Worthy News) – The 6th US Circuit Court of Appeals has permitted to take effect an Ohio law that prohibits abortions requested because the fetus has Down syndrome, the Washington Times reports.

In a 9-7 ruling Tuesday, the federal court lifted an injunction imposed by the lower court which had argued the law violates the right to abortion established in the landmark case of Roe v Wade.

The Ohio law was passed in 2017 but litigation caused it to be put on hold, the Washington Times reports. The legislation provides that doctors who perform an abortion because the fetus has Down syndrome may be subject to a fourth-degree felony charge, which carries up to 18 months in jail, and loss of medical license.

Reversing the lower court’s decision, Judge Alice M. Batchelder, an appointee of George W. Bush, wrote for the panel majority: “The right to an abortion, even before viability, is not absolute.” The court determined it is in Ohio’s interest to protect the Down syndrome community, the Washington Times said.

In a statement welcoming the appeals court’s decision, Marjorie Dannenfelser, president of the pro-life group Susan B. Anthony List, noted: “Discriminatory abortions based on sex, race, and disability are no less than modern-day eugenics, and must swiftly come to an end.”

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