The pro-life movement experienced a major victory for unborn babies and their mothers.
This week the Sixth Circuit Court of Appeals ruled in favor of Ohio’s legislation that prohibits discriminatory abortions.
It’s a major victory because of the circumstances surrounding the Court’s decision.
The Ohio bill prohibits abortions committed due to a prenatal diagnosis of Down syndrome. It erects a roadblock to the ugly practice of modern-day eugenics—a search and destroy mission of unborn babies with Down syndrome. Over two-thirds of America’s babies diagnosed with the trait are subjected to prenatal capital punishment because of their condition.
This type of legislation protects individuals with Down syndrome from a stigma associated with Down syndrome elective abortion, which says they are not as valuable as other citizens.
It also protects pregnant women from coercion or pressure by doctors to abort babies with the condition.
Earlier, a three-judge panel on the Sixth Circuit ruled Ohio’s legislation was unconstitutional. Then the not-so-common happened.
The full Court—called “en banc”—reversed the three-judge panel ruling, and upheld the law.
Another circumstance increases the likelihood that the US Supreme Court will address the issue.
In 2018, the Seventh Circuit of Appeals ruled against similar legislation passed in Indiana. This week’s Sixth Circuit ruling created a circuit split which has historically moved the Supreme Court to address the issue.
In addition, sentiment already exists on the nation’s highest court that eugenics abortion needs to be addressed. In May of 2019, the Court ruled that it was constitutional to require that the bodies of aborted babies be dealt with humanely and dignified, but it did not address the issue of discrimination abortion.
Justice Clarence Thomas wrote a concurring opinion that went a step further to say the Supreme Court can’t ignore the issue before them. He stated that discrimination abortion is an “issue of first impression” and “remains an open question.”
He also wrote, “Enshrining a constitutional right to an abortion based solely on the race, sex, or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views of the 20th-century eugenics movement.”
Justice Thomas isn’t alone.
While a circuit judge, Justice Amy Coney Barrett shared the opinion of other circuit judges that there have been no abortion precedents that address or settle the question whether or not legislation may protect babies diagnosed with Down syndrome from falling victim to the practice of eugenic abortion.
All things considered, the protection of our brothers and sisters diagnosed with Down syndrome in the womb from eugenic abortion appears to be on the legal horizon.
And that is a victory worth celebrating.
Direct parents who’ve received a diagnosis of Down syndrome to our resources that will provide accurate, up-to-date information, void of eugenic bias. They will equip parents to reject pressure and coercion and enjoy the many blessings of having a child with the condition.
Protecting all babies,
President, Life Issues Institute
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