Judge Issues Permanent Injunction Allowing for Children to be Aborted on Sole Basis of Gender, Race, or Potential Disability

By St. Joseph County Right to Life | September 28, 2017, 11:09am

SOUTH BEND, Ind. — On September 25, a federal judge permanently blocked the State of Indiana from enforcing a law that would have protected infants in the womb from abortion on the sole basis of genetic differences, race, or gender.  Attorney General Curtis Hill has already announced plans to appeal this decision to the 7th Circuit court of Appeals in Chicago.

The U.S. District Judge Tanya Walton Pratt, appointed by past president Barack Obama, issued a permanent injunction on certain measures of HEA 1337, siding with Planned Parenthood of Indiana and Kentucky on Monday.  She also denied pregnant mothers the right to learn from abortion providers such as Planned Parenthood that the state previously barred such abortions.  To add insult to injury, Pratt also blocked the State of Indiana from requiring the burial or cremation of their petite bodies.  Currently, the bodies of aborted children are disposed with common medical waste.  Judge Pratt wrote that she could find no legal basis for the State of Indiana to require medical providers “to treat fetal remains the same as human remains.” 

“Stated otherwise, if the law does not recognize the fetus as a person, there can be no legitimate state interest in requiring an entity to treat an aborted fetus the same as a deceased person,” she wrote. “Whether or not an individual views fetal tissue as essentially the same as human remains is each person’s own personal and moral decision… the Court cannot resolve this moral question.”

It is disappointing to see that Pratt defers the human status of the unborn to the discretion of each individual's moral compass, when scientific fact clearly states otherwise: life begins at fertilization when the father’s sperm fuses together with the mother’s egg, which results in a new, unique, self-directing, and genetically complete individual separate from his or her parents. 

"It is clear and undisputed that unless Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey are overturned by the United States Supreme Court, this Court is bound to follow that precedent," Pratt's decision says.

In response, Planned Parenthood of IN/ KY stated, “This right is grounded in the right to privacy rooted in “the Fourteenth Amendment’s concept of personal liberty”, referring to the Supreme Court decision of Roe vs. Wade.  However, “a concept” is very different from both a truth and a law.

Attorney General Curtis Hill said in a statement on Monday, “By declaring unconstitutional a state law that would bar abortions based solely on race, sex, or disability such as Down syndrome, a federal judge has cleared the path for genetic discrimination that once seemed like science fiction.”

Because of this decision, we face the harsh reality that children will now continue to be killed simply because of their gender, racial background, or potential genetic abnormality, such as Down syndrome. 

We trust that Attorney General Hill will not let this stand, as he appeals this injunction as well as a second injunction issued by Pratt in March, which bars the State from mandating that the already-required pre-abortion ultrasound must be performed 18 hours prior to the scheduled abortion.