The Senate voted 29-2 today to approve Sen. Trent Garner’s bill to ban abortion of fetuses determined to have Down Syndrome.

SB 2 says:


A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of:

(1) A test result indicating Down Syndrome in an unborn child;

(2) A prenatal diagnosis of Down Syndrome in an unborn child; or

3) Any other reason to believe that an unborn child has Down Syndrome.

Prohibition of abortion for any reason pre-viability of the fetus is unconstitutional under Roe v. Wade. A similar law in Indiana has been ruled facially unconstitutional and an appeal is pending. The measure has been approved in several other states. Sens. Will Bond and Joyce Elliott voted no. Four other senators didn’t vote — Linda Chesterfield, Greg Leding, Keith Ingram and Stephanie Flowers.

Should this law be struck down pre-viability, it says it should apply post-viability. There is an exception for abortions to save a mother’s life.


Garner arranged to have the bill considered shortly after an emotional presentation of a resolution by Sen. Breanne Davis recognizing Down Syndrome Day. She carried her infant daughter Everly, born with the syndrome, when she spoke on the resolution.

Garner followed his successful passage of this bill with approval of his bill to make the shotgun the official state firearm.