The "Protecting Individuals with Down Syndrome Act" prohibits abortions performed due to a diagnosis or belief that an unborn child has Down syndrome, and establishes criminal penalties and civil remedies for violations.
Steve Daines
Senator
MT
The "Protecting Individuals with Down Syndrome Act" prohibits abortions performed because of a belief or diagnosis that an unborn child has Down syndrome, and establishes criminal penalties and civil remedies for violations. This bill also requires medical professionals to ask pregnant women about any knowledge or evidence concerning the unborn child having Down syndrome and informs them of the prohibitions of abortion under this section. Additionally, the bill specifies that violations will be considered discrimination under the Rehabilitation Act, potentially resulting in a loss of federal funding.
New Bill Bans Abortions Based on Down Syndrome: Doctors Face Prison Time, Civil Suits
The "Protecting Individuals with Down Syndrome Act" is a newly proposed federal law that makes it illegal for doctors to perform abortions if they know the patient is seeking it because of a Down syndrome diagnosis, or even the possibility of one, in the unborn child. This isn't just about confirmed diagnoses—the law, as written in Section 3, also covers situations where there's just a belief that the child might have Down syndrome.
Doctor's Dilemma
This bill puts doctors in a tough spot. Before performing an abortion, Section 3 requires doctors to ask a woman if she is aware of any test results that indicate Down Syndrome, and to inform her that abortions are prohibited under this circumstance. Doctors must also report any known or suspected violations. If they don't comply, they could face fines, up to five years in prison, or both. Even failing to report a suspicion carries penalties of up to a year in prison. This could make doctors hesitant to even discuss prenatal testing options fully, for fear of running afoul of the law.
Lawsuits and Liability
Beyond criminal penalties, the bill opens the door to civil lawsuits. Section 3 allows the woman, the father of the unborn child, or even the maternal grandparents (if the woman is under 18) to sue the abortion provider for damages. This could include money for psychological and physical injuries, loss of companionship, and punitive damages. A court can also order a doctor to stop performing any abortions that might violate this law, and the winning side gets their attorney's fees covered.
Real-World Impact
Imagine a couple finds out their unborn child might have Down syndrome. Under this law, even discussing abortion as an option becomes legally risky for their doctor. The law, in Section 2, explicitly states Congress's position that individuals with Down syndrome are valuable and that this bill aims to prevent discrimination. While the bill's stated intent is to protect individuals with Down syndrome (Section 2), the practical effect, detailed in Section 3, could be to severely limit reproductive choices and create a climate of fear around prenatal testing and counseling. The bill also explicitly states that it does not create a right to an abortion. It does not, however, preempt any state laws that offer greater protection to the unborn child.
The Big Picture
This bill fits into a larger context of legal battles over reproductive rights, especially after the Supreme Court overturned Roe v. Wade (mentioned in Section 2). It also ties into disability rights, with Section 3 stating that violations of this law would be considered discrimination under the Rehabilitation Act of 1973, potentially leading to a loss of federal funding for healthcare providers. The law is designed to be fast-tracked through the courts, with Section 3 requiring expedited consideration of any legal challenges.