Cincinnati, Ohio, Oct 14, 2019 / 06:52 pm (CNA).- A federal appeals court on Friday upheld a block on an Ohio law banning abortions on the grounds of a diagnosis of Down syndrome. Former Governor John Kasich signed the law nearly two years ago, but it has not yet been able to come into effect.
The court’s decision comes amid Down Syndrome Awareness Month, which advocacy organizations observe in October.
The law outlawed abortions in cases where there was a positive test result or prenatal diagnosis indicating Down syndrome, the Associated Press reports. Physicians convicted of performing an abortion under such circumstances could be charged with a fourth-degree felony, stripped of their medical license and held liable for legal damages. The pregnant women would not be held liable.
The office of Ohio Attorney General Dave Yost has said the state will seek a review by the full 6th Circuit, as Friday’s decision was handed down 2-1 by a U.S. Court of Appeals panel.
Federal Judge Timothy Black first blocked the law from taking effect in March 2018. It was set to go into effect the 23rd of that month.
Supporters of the law have questioned Black’s impartiality. He had served as president of Cincinnati’s Planned Parenthood in 1988 and as its director from 1986-1989. He recused himself from a case involving Planned Parenthood in 2014.
Former Governor John Kasich first signed the law in December 2017, and the American Civil Liberties Union filed a lawsuit on behalf of Planned Parenthood the subsequent February against the Ohio Department of Health, county prosecutors, and members of the state medical board.
Current Ohio Governor Mike Dewine has not yet commented publicly on the law’s most recent blockage, but on Monday tweeted his support for Down Syndrome Awareness Month. As attorney general, DeWine had set the state’s appeal against the judge’s decision into motion.