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En Banc Sixth Circuit Upholds Ohio’s Down Syndrome Abortion Law

Here is a link to the Sixth Circuit’s decision upholding Ohio’s law  that “prohibits a doctor from performing an abortion if that doctor knows that the woman’s reason for having the abortion is that she does not want a child with Down syndrome.”

The court explained that the law does not prohibit a woman from obtaining an abortion because she does not want a child with Down syndrome, and so does not create an indue burden on the right to abortion. The law is focused on the doctor and the court concluded that the law advanced legitimate state interests:

” [protecting] (1) the Down syndrome community from the practice of Down-syndrome-selective abortions and the stigma associated with it; (2) pregnant women and their families from coercion by doctors who advocate the abortion of Down-syndrome-afflicted fetuses; and (3) the integrity and ethics of the medical profession by preventing doctors from becoming witting participants in Down-syndrome-selective abortions.”

This case is likely headed for the US Supreme Court.

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