Down syndrome abortion ban: Lawmakers send bill to Ohio Gov. John Kasich

COLUMBUS – When a mother receives the news that her child will be born with Down syndrome, should she have the choice to obtain an abortion?

Ohio's GOP-controlled Legislature says "no." Lawmakers, with a 20-12 vote in the Ohio Senate, sent a bill to Gov. John Kasich that would penalize doctors who perform abortions after a fetal diagnosis of Down syndrome. Kasich said in 2015 that he would sign such a bill. 

The proposed law has sparked division within the Down syndrome community.

Winton Hills' Anne Chasser told lawmakers she can't imagine life without her younger brother, Christopher, who has Down syndrome. Their family recently celebrated Christopher's 50th birthday with a big reunion near Lake Erie. 

But Chasser, who previously worked as the University of Cincinnati's intellectual property leader and commissioner of trademarks in the U.S. Patent and Trademark Office in Washington, D.C., doesn't think state legislators should prohibit abortions based on the diagnosis.

"I believe that a pregnant woman must have the right to choose what is best for her and her family," Chasser told lawmakers at a hearing last month. "This decision should not be made by the government."

Kelly Kuhns, of Plain City outside Columbus, supports the bill. Kuhns said she cried for hours when she learned that her youngest son was diagnosed with Down syndrome. But she saw him wiggling during ultrasounds and heard his heartbeat. Her family decided against an abortion.  

"My son Oliver and the other people that have been diagnosed with Down syndrome deserve to live and should not be subjected to the discriminatory practice of selective abortion," she said. 

What the bill would do 

Under the proposed law, physicians who violate the proposed ban would face a fourth-degree felony, punishable by up to 18 months in prison and a $5,000 fine. They could also lose their license to practice medicine and face lawsuits if the woman is injured or dies because of the prohibited abortion. 

Those pushing the bill say it will save lives. American women choose to terminate pregnancies between 50 and 85 percent of the time after receiving a fetal diagnosis of Down syndrome, according to a study published in 2012 in the medical journal "Prenatal Diagnosis."

"Every Ohioan deserves the right to life, no matter how many chromosomes they have," said Mike Gonidakis, president of Ohio Right to Life. "

Opponents of the bill to ban abortions after a diagnosis of Down syndrome say it's cruel to ask women to waive their privacy rights and access to an abortion. These are personal decisions that should be made with a doctor – not the government, said Gabriel Mann, spokesman for NARAL Pro-Choice Ohio.

Some, like Cincinnati's Jane Gerhardt, worry the bill singles out Down syndrome over other diagnoses. Her daughter Anne, who has Down syndrome, was featured in an advertisement for savings accounts for people with disabilities with Treasurer Josh Mandel and Ohio State University's head football coach Urban Meyer.

"This bill sends a very clear message that some disabilities are more worthy of life than others and that one disability – Down syndrome – is the most worthy," Gerhardt told lawmakers.

What will Kasich do?

Kasich told CNN's Jake Tapper in September 2015 that he would sign a bill that bans abortion after a fetal diagnosis of Down syndrome.

"I'm more than glad to say that, of course, I would sign that," said Kasich, responding to a question from former vice presidential candidate Sarah Palin, whose son has Down syndrome. 

However, he recently told The New Yorker that “everybody ought to just take a chill pill” when talking about abortion. Kasich, through a spokesman, declined to comment on the pending legislation Monday.

Ohio's bill is nearly identical to one in Indiana, which was challenged in court and found unconstitutional. Last December, Kasich vetoed a ban on abortions after a fetal heartbeat is detected because he was worried about the court costs of defending an unconstitutional law. 

“This is another unconstitutional step toward taking the woman’s right to choose away,” said Sen. Joe Schiavoni, a Democrat who is also running for governor.

After receiving the bill, Kasich has 10 days to sign or veto it.