Ohio governor approves measure banning abortions of unborn babies with Down syndrome

Gammy, a baby born with Down's Syndrome, is held by his surrogate mother Pattaramon Janbua (not seen) at a hospital in Chonburi province August 3, 2014. | Reuters/Damir Sagolj

A bill banning abortions on unborn babies diagnosed with Down syndrome had been signed into law by Gov. John Kasich on Friday, making Ohio the third state to enact a similar legislation.

The Down Syndrome Non-Discrimination Act, sponsored by Reps. Sarah LaTourette and Derek Merrin and Sen. Frank LaRose, would penalize doctors for performing abortions on pregnant women who had received a prenatal diagnosis of Down syndrome on their unborn child.

Physicians who are found to be in violation of the new law could be charged with a fourth-degree felony or lose their medical license. However, women who decide to terminate their pregnancies after receiving a positive test for the congenital disorder would not be penalized.

The passage of the bill was hailed by Ohio Right to Life, which said that the new law would prevent discrimination based on misinformation.

"Now that the Down Syndrome Non-Discrimination Act is law, unborn babies prenatally diagnosed with Down syndrome are given a shot at life," said Mike Gonidakis, president of Ohio Right to Life. "Ohio is and will continue to be a state that sees the lives of people with Down syndrome as lives worth living, thanks to this legislation," he added.

Kellie Copeland, the executive director of NARAL Pro-Choice Ohio, argued that the bill does not help families who are taking care of those with Down syndrome, but instead "exploits them as part of a larger anti-choice strategy to systematically make all abortion care illegal."

"This law shames women and will have a chilling effect on the conversations between doctors and patients because of the criminal penalties that doctors will face," Copeland added.

Other lawmakers have expressed fears that the bill would discourage physicians from practicing in Ohio.

"It's ironic that those who claim they believe in limited government are once again choosing to insert themselves in a relationship that is sacred between that practitioner and their patient," said State Sen. Charleta Tavares, as reported by The Stream.

On Friday, the American Civil Liberties Union of Ohio issued a statement saying Kasich had signed a "blatantly unconstitutional bill." The organization stated that it is now consulting with its legal staff and coalition partners to determine its next move.

Similar legislations have been passed in North Dakota and Indiana, but the Indiana law was blocked by a federal judge, who contended that the state has no right to limit women's reasons for obtaining abortions.

According to NBC News, the North Dakota law was enacted in 2013 and has not been challenged. The state's only abortion clinic, located in Fargo, has said that the issue has not arisen under its policy of not performing abortions after 16 weeks of pregnancy.