Judge Halts Ohio Ban on Aborting Down Syndrome Babies, Says They’re Not People Yet, Only ‘Potential’ Lives

Photo Credit: Jennifer1982/Wikimedia Commons

COLUMBUS, Ohio — A federal judge appointed to the bench by then-President Barack Obama has granted a preliminary injunction against an Ohio law that banned mothers from killing their unborn child just because he or she has Down syndrome.

“The State cannot dictate what factors a woman is permitted to consider in making her choice,” wrote U.S. District Judge Timothy Black on Wednesday. “The State’s attempt to carve out exceptions to a categorical right where none exist fails as a matter of law.”

As previously reported, the American Civil Liberties Union of Ohio (ACLU), two local branches of Planned Parenthood and several other abortion facilities filed a lawsuit last month to challenge the new Ohio law, stating that it “undermines [the abortion facilities’] mission to honor and support the decisions their patients make, whether it is to continue or to end a pregnancy.”

The legal challenge also suggested that the “right decision”—life or death—is different for each mother.

“For many families, the right decision is to continue the pregnancy and parent a child with Down syndrome; for some, it is to give birth and place the child for adoption; and for others, it is abortion,” it claimed. “… Plaintiffs wish to continue providing safe and nonjudgmental abortion care to patients who have knowingly and voluntarily decided to terminate their pregnancies, regardless of the particular reason for the decision.”

On Wednesday, Black sided with the abortion advocates, stating that Down syndrome babies are not persons, but only “potential” lives that aren’t protected under the law until viability.

“[T]he State repeats its argument that H.B. 214 serves the public interest by preventing ‘unequal treatment for individuals who have Down syndrome.’ H.B. 214 does not affect any ‘person,’ as that term is used in the Constitution, with Down syndrome, and the State’s interest in potential life (emphasis in original)—whether couched as anti-‘discrimination’ or otherwise—does not become compelling until viability,” he wrote.

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“As the top law enforcement official in the nation, United States Attorney General, Jefferson B. Sessions III, forcefully reminded the country recently, in a different context: ‘Federal law is the law of the land.’ … And federal law is crystal clear: ‘a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability,'” Black argued.

“Here, Ohio’s new law wrongfully does just that: it violates the right to privacy of every woman in Ohio and is unconstitutional on its face.”

Read the ruling in full here.


However, as previously reported, in his 1854 lecture at the University of Pennsylvania on criminal abortion, obstetrician Hugh Hodge declared, “[I]t seems hardly necessary to repeat that physicians, medical men, must be regarded as the guardians of the rights of infants.”

“But unfortunately, the physician will be soon conversant with cases where mothers have no wish to preserve the intra-uterine being,” he lamented. “The dread of suffering, fears respecting their own health and strength, the trouble and expense of large families, and professedly, also, the responsibility incurred in the education of children, these and other reasons equally futile and trifling, operating on minds ignorant of the importance of fetal life, or may it be upon those whose understandings are weak or whose hearts are vicious, induce them to destroy the product of that conjugal union for which marriage was instituted.”

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  • Amos Moses – He>i

    really … and what makes the judge not a “potential life” …….. it is life by every measure that we call life ……. if your grandmother was unable to breathe on her own, unable to feed herself, unable to perform most any bodily function to maintain herself …… is she only a “potential life” and we have the right to “snuff” her ……………. /SMH ……. hearts of stone in need of a heart transplant from Christ …………….

  • Amos Moses – He>i

    ‘We’re starting to parse out here, prenatally, who has a life worth living or not’

    “keep your religion out of our wombs” ……. hmmmmm …….. so what about the religion of SCIENTISM ………. i believe the National Socialists of Germany did the very samething …… WHAT ABOUT THAT “RELIGION” …………… a US “Labensborn” program is in the offing ……

    Assumes ‘unable to make phone calls, search the internet, or ask basic questions’

    hey look ….. “liberal” California wants to decide if you should have one or not because you are too stupid to know ………….. /SMH …….

  • robert boe

    A judge like him makes you very angry that he the judge is alive . You have to remind your self Vengence belongs to God..

    • ♥LadyInChrist♥InGodITrust♥

      One day God will repay.

  • ♥LadyInChrist♥InGodITrust♥

    Very sad for these babies. This Judge is trying to dehumanize babies with Downs. I’d hate to be him on the day he faces Christ………..

  • grand inquisitor

    I don’t think anyone thought this law would hold up in court.

    • Billy Pilgrim

      Based on what?

  • Reason2012

    The twisted logic of those who force this evil genocide on the rest of us.
    Yes, they’re not teens yet, they’re only “potential” teens.
    They’re not adults yet, they’re only “potential” adults.
    These girls are human beings and will live to be as old as everyone else on average if they’re not cut to pieces while in the womb under the guise of “women’s rights”.

  • Amos Moses – He>i

    Ultrasound Shows Unborn Baby Holding ‘Keep Your Laws Off My Body’ Sign
    March 16, 2018

  • Ginger

    Proverbs 6:16-19 KJV “These six things doth the LORD hate: yea seven are an abomination unto Him; A proud look, a lying tongue, and hands that shed innocent blood, An heart the deviseth wicked imaginations, feet that be swift in running to mischief, A false witness that speaketh lies, and he that soweth discord among brethren.” A babe in the womb or out is totally innocent-it is murder! But how eroded has our Christian heritage become? People would rather remain silent while all sorts of evil rages around them. It will be the few that the Lord will bless for giving the truth. If the Lord hates it why do they think it is okay? A soul is placed at the time of conception. They try to say “potential life” to cover their sins.

    Isaiah 66:18 “For I know their works and their thoughts: it shall come, that I will gather all nations and tongues; and they shall come, and see My glory.” [KJV] (cannot con God, every knee will bow at Christ return not flesh knee but spiritual body knee, many to their shame)

  • Tangent002 ✓

    One problem with Ohio H.B. 214 is that it is specific only to Downs Syndrome and no other genetic condition. Another issue is the violation of HIPAA that prevents the disclosure of medical information without specific consent.

    How can the state positively determine the reason for the abortion is solely due to the DS diagnosis and not other factors?

    • Billy Pilgrim

      Are you defending Down syndrome abortions?

  • Phil

    Does this judge know how much blood he will have on his hands????? Judgement could be a tough day for him!