States ask Supreme Court to support law that bans abortions due to prenatal Down syndrome diagnosis

Health

(Nexstar DC photo)

JACKSON, Miss. (WJTV) – On Thursday, Attorney General Lynn Fitch (R-Miss.) joined 21 states in filing an amicus brief at the Supreme Court of the United States in support of an Arkansas law that would prohibit abortions solely based on a prenatal Down Syndrome diagnosis.

“All children are created in the image of God, fearfully and wonderfully made for a purpose, and those in the disability community are a beacon of light, joy, and hope radiating throughout the world,” said Fitch.

“A prenatal Down Syndrome diagnosis should not be a death sentence. I will always fight to protect our children, especially those who cannot fight for themselves.”

The brief argues that Arkansas’ law advances at least eight compelling state interests:

  • Protecting the entire class of persons with Down Syndrome from being targeted for elimination solely because of disability
  • Eradicating historical animus and bias against persons with Down Syndrome
  • Safeguarding the integrity of the medical profession by preventing doctors from abandoning their traditional role as healers to become the killers of disabled populations
  • Drawing a clear boundary against additional eugenic practices targeted at disabled persons and others
  • Countering the stigma that eugenic abortion currently imposes on persons with disabilities
  • Ensuring that the existing Down Syndrome community does not become starved of resources for research and care for individuals with
  • Down Syndrome
  • Protecting against the devaluation of all human life inherent in any decision to target a person for elimination based on an immutable characteristic
  • Fostering the diversity of society and protecting society from the incalculable loss that would occur if people with Down Syndrome were eliminated.

In addition to Mississippi, state attorneys general from Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia also joined the brief.

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