ACLU challenges Ohio law banning abortions based on Down Syndrome diagnosis News
ACLU challenges Ohio law banning abortions based on Down Syndrome diagnosis

The American Civil Liberties Union of Ohio [advocacy website] has filed a lawsuit [complaint, PDF] challenging Ohio H.B. 214 [materials], a bill which outlaws abortions following a diagnosis of Down Syndrome.

Under the bill, a physician who performs or attempts to perform an abortion following a diagnosis of Down Syndrome will be committing a fourth-degree felony and will have his physician’s license to practice revoked. The law would also open up these physicians to civil liability for the damages sustained by the abortion or attempted abortion. However, a woman who has such an abortion will not be guilty of committing a criminal violation under H.B. 214.

The ACLU is challenging the law on Fourteenth Amendment [text] grounds, arguing that the bill “undermines [physicians’] mission to honor and support the decisions theirs patients make, whether it is to continue or end a pregnancy” and characterizes the bill as “Ohio’s latest attempt to prevent women from exercising their constitutionally protected right to abortion.” Prior to the passing of H.B. 214, Ohio has attempted to pass and enforce 18 laws [ThinkProgress report] which, in some manner, restricted access to abortions.

Ohio Right to Life [official website], the state’s oldest and largest pro-life non-profit, responded by stating:

It is a shame that an organization that claims to be the very biggest and best at defending victims of discrimination completely disregards the most vulnerable members of our society who are being discriminated against. The ACLU is hurting Ohio by constantly suing to further an extremist agenda.

Similar laws have been passed in Oklahoma [JURIST report] Indiana and North Dakota [materials]. A federal judge granted [opinion, PDF] a preliminary injunction against the Indiana abortion law. That matter is currently pending for appeal in the 7th Circuit.

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