Ohio House passes bill to ban abortion after Down syndrome diagnosis

COLUMBUS - Ohio's GOP-controlled House passed a bill to ban abortions after a fetal diagnosis of Down syndrome.

​​​​​​The proposal, which passed 63-30, would penalize doctors who perform abortions after a fetal diagnosis of Down syndrome.

"Their right to life should be protected," said Rep. Derek Merrin, R-Monclova Township, a sponsor of the proposed ban. "Individuals with Down syndrome are truly treasures."

American women choose to terminate pregnancies between 50 and 85 percent of the time after receiving a fetal diagnosis of Down syndrome, according to a study published in 2012 in the medical journal "Prenatal Diagnosis."

Physicians who violate the proposed ban would face a fourth-degree felony, punishable by up to 18 months in prison and a $5,000 fine. They could also lose their license to practice medicine and face lawsuits if the woman is injured or dies because of the prohibited abortion. 

Women who have abortions knowing that the fetus has been diagnosed with Down syndrome would face no penalties under the bill. Democrats tried to add language that would prevent women from being forced to disclose a fetal Down syndrome diagnosis. But the change was rejected and deemed unnecessary.

Only three states – Indiana, North Dakota and Louisiana – have passed laws to ban abortions after diagnoses of genetic abnormalities. A federal judge found Indiana's law to be unconstitutional and Louisiana's law is facing a legal challenge. That means North Dakota is the only state with a ban currently in effect. 

Ohio is the only state seeking to ban abortions based on one diagnosis: Down syndrome. 

Rep. Brigid Kelly, D-Norwood, worries that sends the wrong message to other people with developmental disabilities.

"This bill creates a hierarchy of disabilities with Down syndrome on the top," said Kelly, expressing the concerns of a constituent whose 20-year-old daughter has Down syndrome.

The House bill would need approval from the Ohio Senate and a signature from Gov. John Kasich before becoming law. An identical bill was introduced in the Ohio Senate. Its sponsor, Sen. Frank LaRose, R-Copley, said he expects the proposal to pass there.

"Many of my colleagues have expressed their support for our bill, and I expect that we will be able to get it passed soon," LaRose said. 

Republican Gov. John Kasich has signed a number of bills limiting access to abortion in recent years. Most recently, he signed into law a limit on abortions after 20 weeks gestation.

Kasich declined to comment on the pending bill, 

Earlier Wednesday, a Republican lawmaker defended her proposal to ban abortions after a fetal heartbeat is detected, as early as six weeks’ gestation. Kasich vetoed the ban, known as the "heartbeat bill," last year but conservative lawmakers are trying again. 

Democratic Rep. Nickie Antonio, of Cleveland, asked how much it would cost to defend the heartbeat bill if its constitutionality were challenged in court, as other states have done.

“There’s no way to know what those costs would be,” said Rep. Christina Hagan, R-Alliance, adding that they would be similar to other laws Ohio has defended. “I don’t think there is a price that can be placed on the value of a human life.”