Family Research Council released today an issue analysis, “Prenatal Nondiscrimination Acts: Why They Are Essential.” Prenatal Nondiscrimination Acts (PRENDAs) seek to prevent abortion being used as a tool of eugenics. These laws prohibit anyone from knowingly aborting an unborn child solely on the basis of his or her sex or disability. FRC’s new issue analysis explains how these laws address the long shared history of abortion and eugenics in America; which states have passed legislation to ensure unborn children are not aborted on account of their race, sex, or disability; and the challenges these laws have faced in court.
Sixteen states have enacted some form of a PRENDA law, and more are in the pipeline. Yesterday, the North Carolina House Health committee approved such a bill, H 453, and last week Arizona’s Governor Ducey signed SB 1457 into law, banning abortion based on genetics. Recently, the federal U.S. Court of Appeals for the Sixth Circuit upheld Ohio’s Down syndrome abortion ban.
Katherine Beck Johnson, FRC’s Research Fellow for Legal and Policy Studies and one of the authors of the issue brief, made the following comments:
“We applaud states working to protect the most vulnerable through PRENDAs. These laws remind society that each and every child has inherent dignity. They end the atrocious act of targeting the littlest members of our society and put us one step closer to ending Roe v. Wade.
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“Reality is quickly settling in that the Biden administration is the most pro-abortion administration in history. However, it’s greatly encouraging that we are seeing a wave of pro-life momentum on the state level in response to President Biden’s radical abortion agenda.
“These laws powerfully undercut the rationale for Roe v. Wade, as they hold promise to end the viability standard set forth in Roe and Planned Parenthood v. Casey. In May 2019, U.S. Supreme Court Justice Clarence Thomas wrote a lengthy opinion in Box v. Planned Parenthood, in which he cited abortion’s eugenic roots and its continued eugenic potential. This opinion has emboldened even more states and lower courts to protect the unborn from discriminatory abortions,” concluded Johnson.
To download the issue brief, visit: https://frc.org/prenda