Indiana to Appeal After Obama Judge Strikes Down Law Banning Abortion of Down Syndrome Children

INDIANAPOLIS, Ind. — The attorney general of Indiana says that he plans to file an appeal after a federal judge appointed to the bench by then-President Barack Obama issued a permanent injunction against a state 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.

“By declaring unconstitutional a state law that would bar abortions based solely on race, sex or disability such as Down syndrome, a federal judge has cleared the path for genetic discrimination that once seemed like science fiction,” Attorney General Curtis Hill said in a statement.

“This state has a compelling interest in protecting the dignity of the unborn and in ensuring they are not selected for termination simply because they lack preferred physical characteristics,” he added.

U.S. District Judge Tanya Walton Pratt ruled on Sept. 22 that the law, H.B. 1337, was unconstitutional and clashed with the 1973 ruling of Roe v. Wade, which stated that mothers may obtain abortion until the point of viability—that is, the time when the baby may survive apart from the life support of his or her mother’s womb.

“The challenged anti-discrimination provisions directly contravene well-established law that precludes a state from prohibiting a woman from electing to terminate a pregnancy prior to fetal viability,” Pratt wrote. “The United States Supreme Court has stated in categorical terms that a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.”

“It is clear and undisputed that unless Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey are overturned by the United States Supreme Court, this court is bound to follow that precedent,” she said.

Pratt also struck down a section of Indiana law that required that aborted children be buried or cremated instead of being incinerated as pathological waste and dumped into landfills. She said that the law doesn’t recognize “fetuses” as people, and therefore, their bodies should not have to be handled the same as when a born person dies.

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“Stated otherwise, if the law does not recognize a fetus as a person, there can be no legitimate state interest in requiring an entity to treat an aborted fetus the same as a deceased human,” Pratt asserted.

Planned Parenthood cheered the ruling, stating that “there is no medical basis” for the law, also known as the “Sex Selective and Disability Abortion Ban.”

“Every person deserves the right to make their own personal decisions about abortion. There is no medical basis for these restrictions. This is just another example of politicians coming between physicians and patients,” asserted Christie Gillespie, the president of Planned Parenthood of Indiana and Kentucky.

As previously reportedH.B. 1337 was signed into law in March 2016 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, read.

It also cited physical and mental disabilities, disfigurement, scoliosis, dwarfism, albinism and amelia.

Indiana Sen. Liz Brown, R-Fort Wayne, told reporters at the time that the bill was needed because physicians sometimes encourage mothers to abort in explaining that their child has a health challenge 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.”


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  • Lydia Church

    Aborting children with birth defects is like a nazi style genocide, they wanted to do away with whatever they deemed was not ‘perfect’ according to them.

    • mr goody two shoes

      No its not it was thought up in the good old USA.

  • sammy13

    This keeps up and it won’t be long before folks start wanting to do away with certain segments of society that don’t contribute much, if anything at all. That would include homeless, gang members, drug users, etc. There is good in everyone, even those we generally regard as useless or a burden on society, etc. Yet they are all God’s children, and we should pray for them.

  • mr goody two shoes

    So Stanford university of California genetics program of a blue eyed blond haired super race people came home to roost and now can begin in earnest legally and with out the stigma it caused in Germany. were one sick nation we blamed Nazi Germany when our scholars knew it was home bred in the USA and now were doing it.

  • YoikesAndAway

    I hope people realize that this is nothing more than human life monetized. Where those who are deemed a lifetime cost consumer are eliminated. We can call it eugenics, or anything else, but this falls right down to MONEY. These children are not the only ones either, we all have been monetized by society, institutions, government.

    How many articles over the years have we read that this or that costs businesses, society, taxes, a certain dollar amount. You have all heard of these stories, the Flu costs 2 billion in productivity, obesity cost $X billions. Humans have a price tag on their heads and if select people determine that some people are a “drain” there have no business living.

    We can all debate the specifics, but remember this IT IS ALL ABOUT MONEY.

  • NCOriolesFan

    Sick, just plain utterly sick the excuses to kill developing baby humans.

  • BeBeX

    After having a Down Syndrome in our family for 59 years, I have learned a lot and met a lot. Down Syndromes are not judgmental, prejudice, discriminating, nor racist. Doesn’t that sound like what we all should be? In God’s Wisdom He has given us a Special group as an Example of what all humankind should be. Shame on you judge. A note to all politicians. No one ever says we are having a fetus or I’m expecting a fetus…….it is a Baby. B-A-B-Y…How hard is that to say???

  • disqus_VTtXsRxSgB

    One of the biggest problems I have with the pro-lifers are that most of the people who are in favor of a Down’s abortion ban are the SAME EXACT people who are AGAINST increasing federal funding to support people with Down’s syndrome. Those who cut taxes for the rich, slash health care for the poor, and erode medicare and Medicaid (which Down’s syndrome people need) shouldn’t be thumping their chest. If you’re going to insist that a woman with a Downs affected baby should be forced to carry the baby to term, you really ought to support a more humane socialistic society where people with severe disabilities are well cared for by the federal government.