House bill would ban abortion if fetus has Down syndrome

Jan. 09--Abortion rights may return to the forefront of Illinois politics as two suburban Chicago lawmakers introduced a bill to ban termination of pregnancies due to a Down syndrome diagnosis.

House Bill 4210, submitted last week by Republicans Allen Skillicorn of Crystal Lake and Thomas Morrison of Palatine, would make it illegal for a doctor to perform an abortion with knowledge the mother is "seeking the abortion solely on account of the fetus having a test result indicating Down syndrome, a prenatal diagnosis of Down syndrome, or any other reason to believe that the fetus has Down syndrome."

A doctor who violates the law could be charged with a Class 4 felony and could lose his or her license, while the woman would not be criminally charged, according to the proposal.

"All life is precious and unique, including children with Down syndrome," said Skillicorn. "They are not second class citizens."

He said the inspiration for the bill came from similar measures passed in North Dakota, Indiana, Louisiana and, most recently, Ohio.

During the latter half of last year, abortion returned as a contentious issue at the Statehouse with the passage of HB 40, which allowed for abortions to be publicly funded through state-employee insurance and Medicaid, as well as removing a passage that could have renewed a ban on the practice entirely if the U.S. Supreme Court ruling on Roe v. Wade was overturned.

Gov. Bruce Rauner's signing of the bill angered some conservatives. Efforts are underway in court to throw out the law.

Skillicorn said HB 40 wasn't the main reason he was sponsoring this bill.

"HB40 generated a little bit of controversy largely due to when it was passed and when it takes effect with the May 31st deadline, among other things. It was a very political bill," he said. "What's in play here is that we shouldn't knowingly end the life of someone with Down syndrome."

Ralph Rivera, a registered lobbyist for Illinois Family Institute and Illinois Right to Life Action, two anti-abortion groups, said the organizations would likely support the bill wholeheartedly.

"The court has a standard to allow the practice (of abortion) when it is deemed 'medically necessary,'" he said. "I hope people look at this knowing people and young children with Down syndrome and think how they have made strides in our society. Then maybe they ask themselves 'does this meet that standard of medically necessary?'"

Rivera also noted the difficulty of getting anti-abortion legislation through the Illinois General Assembly, pointing out most of it never makes it to debate.

"We don't stop because of that," he said. "We always look to have discussion and talk with one another."

Skillicorn said opposition wouldn't deter him from pushing for his bill.

"I expect there to be the special interests who want to allow the practice indiscriminately," he said. "But this is an ethical and moral dilemma people need to talk about. This is about unique people with insights that deserve respect. Down syndrome should not be a death sentence."

Illinois Choice Action Team, a pro-abortion-rights group did not respond to a request for comment. A representative from Planned Parenthood of Illinois requested more time to read the legislation but did not respond by press time.

During the debate over a similar bill in Ohio last year, the American Civil Liberties Union in that state said a woman should be able to decide for herself whether to end a pregnancy.

"(The bill) inappropriately inserts politics into private medical deliberations, and would discourage open, honest communication between a woman and her doctor," the ACLU of Ohio wrote. "It is not the government's role to decide what can and cannot pass through a woman's mind before deciding to have an abortion."

Contact Maximilian Kwiatkowski: 788-1530, mwiatkowski@sj-r.com, twitter.com/MSFKWIAT.

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