Ohio's Down Syndrome Abortion Law Upheld By Appeals Court

COLUMBUS, OH — An Ohio law forbidding doctors from performing abortions motivated by fetal Down syndrome was upheld by an appeals court Tuesday.

The United States Court of Appeals for the Sixth Circuit upheld the law with a 9-7 decision. The legislation in question skirts what's allowable under previous U.S. Supreme Court decisions and could have wide-ranging impacts on national abortion law.

The legislation punishes doctors who perform abortions — if they know the patient's reasoning is connected to fetal Down syndrome — by charging them with a felony crime and stripping them of their medical license.

Predictably, reactions to the Sixth Circuit court's decision were split. Ohio Attorney General Dave Yost celebrated the law being upheld, while the American Civil Liberties Union decried it.

"Protecting the lives of every Ohioan is something I have fought vigorously for and will continue to do so,” Yost said in a statement. “I applaud the court’s decision to uphold a law that is meant to do just that.”

The ACLU argued court's decision would encourage women to lie or not communicate with their doctors.

"It’s unfortunate that the court gave so little weight to the importance of open and honest communication within the doctor-patient relationship,” said Jessie Hill, cooperating attorney for the ACLU of Ohio.

The ACLU of Ohio also argued that Ohio leaders are not actually concerned with residents who have Down syndrome, or other disabilities. Instead, using their condition to wage a war against abortion.

“If the politicians behind these laws really cared about the lives of people with disabilities they would stop punishing people who have abortions, and make sure people with disabilities have community-based supports, inclusive education, integrated housing and employment, and the freedom to make decisions about their lives and bodies," added Alexa Kolbi-Molinas, senior staff attorney at the ACLU Reproductive Freedom Project.