The abortion bill during this past legislative session that received the most attention would have banned abortions after 15 weeks. The bill was copied after the Mississippi law that is now pending before the United States Supreme Court.
The bill failed. However, pro-life lawmakers were able to get across the finish line a much less talked about bill that is also designed to limit abortions. SB 468, The Unborn Child with Down Syndrome Protection and Education Act, cleared the Legislature in the closing minutes of the regular session and is now headed to the Governor.
Specifically, the bill prevents an abortion if the procedure is “being sought because of a disability… including Down syndrome,” except in a medical emergency or in cases of a life-threatening condition that would prevent life outside the womb.
The legislation is part of a national trend. The Guttmacher Institute reports, “State legislatures are adopting numerous abortion restrictions targeting very specific pregnancy conditions and populations.”
At least six states, including Missouri, now prohibit abortions when the fetus may have a genetic anomaly. Missouri’s law is currently under challenge in federal court.
NPR reported that Missouri Attorney General Eric Schmitt, in arguing before the appeals court last September, “described abortions of Down-syndrome-diagnosed fetuses as ‘eugenic abortion’ and argued that persons with Down syndrome ‘contribute unique beauty and diversity to society’.”
However, Susan Lambiase, attorney for Reproductive Health Services in St. Louis, Missouri’s only abortion clinic, said the law “prohibits any woman from making the choice, for making the ultimate decision whether to terminate her pregnancy pre-viability.”
Missouri is still awaiting the court’s ruling.
West Virginians for Life heralded the legislature’s passage of the bill. “Killing an unborn child because of a disability is an extreme form of discrimination against people with disabilities,” said Karen Cross, the organization’s political liaison.
However, if the bill becomes law it will be difficult to enforce. It relies upon the doctor to confirm with the woman that she is not seeking the abortion because of a disability and for the woman to be truthful about her reasons. It is easy to imagine ways to circumvent the requirement.
Senate Judiciary Committee Chairman Charlie Trump (R, Morgan) is pro-life and voted for the bill. However, he also sees problems with it. Trump said on Talkline Monday that if the bill had gone through his committee, he would have tried to correct the flaws.
Now the bill goes to Governor Justice’s desk, where it seems likely he will sign it. When Justice signed a largely symbolic pro-life bill two years ago, he said, “I’ve said for a long time, even back before I took office as Governor, that I would support measures like this because every human life, born or unborn, is precious and truly a gift from God.”
Meanwhile, the fate of many abortion laws—for and against the procedure—is hanging in the balance. The U.S. Supreme Court is expected to rule later this year on the Mississippi case that could sustain, strike down or modify the 1973 Roe v.Wade decision that legalized abortion.