Planned Parenthood Files Lawsuit Over Indiana Law Banning Abortion of Down Syndrome Children

Downs Syndrome Credit Allison Stilwell
Photo Credit: Allison Stilwell

INDIANAPOLIS, Ind. — The abortion giant Planned Parenthood has filed a federal lawsuit challenging a new Indiana law that bans the murder of unborn children based on a Down Syndrome diagnosis or any other disability, but stops short of ending all abortion in the state.

As previously reportedH.B. 1337 was signed into law last month to protect babies that would otherwise be killed because of an adverse diagnosis.

“Indiana does not allow a fetus to be aborted solely because of the fetus’s race, color, national origin, ancestry, sex, or diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability,” the bill, introduced by Rep. Casey Cox, R-Fort Wayne, reads.

It outlines that the other disabilities include physical and mental disabilities, disfigurement, scoliosis, dwarfism, albinism and amelia.

Indiana Sen. Liz Brown, R-Fort Wayne, told reporters that the bill is needed as physicians sometimes encourage mothers to abort because of the child’s health or abnormality.

“What we hear from doctors is, ‘It would really be better off if you were not born,'” she lamented. “If you are born, we will love you, and we think you have equal rights and should be a member of society. In fact, we have the Americans with Disabilities Act and have to make accommodations. But we don’t want to make the accommodation before you’re born, and in fact, it would really be easier if you were not born.”

The legislation also provides requirements surrounding the disposition of babies who are aborted, requiring that they either be buried or cremated, in order to keep fetal remains out of landfills.

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“An abortion clinic or health care facility having possession of an aborted fetus shall provide for the final disposition of the aborted fetus,” it reads. “The burial transit permit requirements … apply to the final disposition of an aborted fetus, which must be interred or cremated.”

The bill states that the woman is not required to provide a name for the baby on the burial permit.

But Planned Parenthood believes that the law interferes with mothers’ wishes to have an abortion, and on Thursday, the organization filed a legal challenge in court with the assistance of the ACLU.

“This statute does something that the United States Supreme Court has said repeatedly cannot be done,” Ken Falk of the ACLU of Indiana told reporters. “It is an attempt by the state of Indiana to interfere with and actually prohibit a woman’s right to determine whether or not to have an abortion. That is a right that the United States Supreme Court has stressed that a woman absolutely has and cannot be prohibited.”

“The Supreme Court has said that there cannot be an undue burden placed on a woman’s right to an abortion. That’s the current law. This is not an undue burden—this is an absolute prohibition. You just can’t do that,” he said.

Gov. Mike Pence says that he believes the law will pass constitutional muster and has vowed to defend it in court.

“All Hoosiers have legal access to the courts, but I believe in the constitutionality of the law,” Pence remarked. “We will work with the attorney general to defend the law that enhances information expectant mothers receive and enhances protection for the unborn.”

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  • Josey

    I have heard so many testimonies of doctors telling pregnant women that they should abort due to some disorder found in an ultrasound or amniocentesis only to find out when the women didn’t have the abortion their child is born w/out previous said diagnosis and not only that some women decide regardless of the child’s health they will love them no matter what when they are born, this is a natural God given ability, a natural mother’s instinct to protect and love their young but we have so many men and women who are w/out natural affection today and who are cold and not loving, not even towards themselves, abortion is not only an act of selfishness but an act of self hate and an act of hate toward God and society.

  • bowie1

    I volunteer with handicapped people, some of whom have Down Syndrome, and they are very worthwhile people, each with their own unique personality. It may be difficult to find out a child is not perfect but they are still human beings created in the image of God.

  • Marietta Herod

    I want to vomit over all of you. First of all calling Planned Parenthood an “abortion giant” in the opening sentence tells me everything I need to know. I want to know where all of you people got your medical degrees and qualifications to tell women what to do ….. SMH….

    • Nidalap

      No degrees needed to do what we’re doing here, putting out our opinions, same as you…

    • Barking Dawg

      A medical degree is not needed to call killing what it is. If you don’t like the opinions of Christians, why are you lurking around a Christian blog? Stay in your safe space where everyone thinks just like you do, that will keep your mind nice and narrow. You should never expose yourself to people who are different from you.

  • Grace Kim Kwon

    Every conceived child has a right to life. Mankind can become truly happy by just receiving what God gives and by not-killing innocent children.

  • hillaryLiedAmericansDied

    Why on God’s green earth are Americans being forced to fund this pro-abort killing of unborn

    Americans with their hard-earned tax dollars!??‼

    Defund the misogynist&racist planned”parent” in the white hoods—now!!

    Quit forcing American taxpayers to fund the killing of unborn human beings!


    Take all the multi-billions of dollars of pro-abort bloodmoney and return it to the millions of American families struggling to make ends meet.

    Women deserve better than abortion. abortion kills an unborn human being and emotionally mauls his/her mother.

    Break the chains of abortion!

    Prosecute the baby-butchering planned”parent”hood!!!

    The racist&misogynist, baby-butchering planned”parent”hood has been beaten to a

    bloody pulp by the courageous American Hero, David Daleiden &ProLife Warriors&

    Americans must strike a ‘crunching&crushing’ death-blow at the

    despicable planned”parent”hood—now!!!!