Sixth Circuit Court of Appeals Upholds Ohio's Ban of Abortions Based on a Down Syndrome Diagnosis

The Sixth Circuit Court of Appeals last week ruled that Ohio's ban on abortions after a Down syndrome diagnosis has been made does not impose a substantial burden on women seeking abortion. The court ruled that House Bill 214, signed into law in 2018, furthers the state's interest in affirming that those with Down syndrome "are equal in dignity and value". 

The Ohio decision elicited praise from Missouri Attorney General Eric Schmitt who has a similar pending case before the Eighth Circuit Court of Appeals. "All life is sacred and precious, and as Attorney General, it's my duty to protect all Missourians, born or unborn. As the father of a child with special needs, I know first-hand the absolute joy that children with special needs bring to everything they do and the profound impact they have on their families and loved ones. A prenatal diagnosis of Down syndrome should not be a death sentence for the unborn, and laws should be enacted and upheld that protect those unborn children. I applaud the Sixth Circuit's decision to uphold critical protections for unborn children with Down syndrome."

The Missouri case concerns a challenge to House Bill 126, passed in 2019. That law, among other things, bans abortions based on a diagnosis of Down syndrome.