Pa. House passes Down syndrome abortion ban, Gov. Wolf vows veto

Correction: This story has been updated to reflect that Rep. Danielle Friel Otten’s floor speech referred to her sister’s experience, not her own. 

After a two-hour long debate featuring personal stories and questions of constitutionality, the Pennsylvania House approved a bill to ban abortion based on a diagnosis of Down syndrome.

Democratic Gov. Tom Wolf said he would veto the measure if it reaches his desk.

Tuesday’s 117-76 vote comes in the midst of a national argument on abortion rights after such states as Ohio and Georgia passed bills that strictly restrict access to the procedure.

Rep. Kate Klunk, R-York, who sponsored the bill with Speaker of the House Mike Turzai, R-Allegheny, portrayed the measure as an attempt to protect human dignity and a stand against discrimination based on the presence of an extra chromosome.

Klunk: "I believe we truly have a responsibility to stand up for those who do not have a voice. We have a duty to stand up against societal genetic interference."

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019

Democrats made the counterargument that the bill is unconstitutional.

Rep. Dan Frankel, D-Allegheny, even cited an advisory from the Legislative Reference Bureau, which writes the General Assembly’s legislation, that said the bill “unconstitutionally prohibits a woman from obtaining an abortion prior to the unborn child reaching viability.”

Under the proposal, a doctor who knowingly terminates a pregnancy after a diagnosis would be guilty of a third-degree felony.

"We would be violating our oath of office if we did not vote and find the bill unconstitutional,"

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019

Cutler adds that because the state has provision in its current law disallowing abortion by sex, a genetic trait, then a Down Syndrome ban should also be considered legal. "PA has a compelling state interest to prohibit genetic selection."

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019

Turzai introduced a similar bill last year, which passed the House by a 139-56 vote, with 24 Democrats joining all but three Republicans.

This year, 15 Democrats joined with the majority, while four Republicans defected.

ALSO: Here's the vote, according to a print out sent to me by a lawmaker. pic.twitter.com/uh95DzY8Ek

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019

Democrats had hoped that Tuesday’s vote would show the growing strength of abortion rights supporters in their ranks. In the end, five Democrats changed their votes.

He said he has difficulty imagining how anyone could be prosecuted for this bill, given the privacy of medical information. "Confidentiality is an ethical and moral mandate" for doctors and medical professionals.

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019

Rep. Mike Schlossberg walked over and gave Mullery a handshake/fist bump/something after he finished speaking.

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019

The bill now goes to the Senate, which balked on a vote last year. Senate GOP spokesperson Jenn Kocher said the bill has yet to be caucused at this point.

Wolf, a staunch ally of abortion rights, said through a spokesperson that he would veto the measure.

“There is no evidence that this bill is needed in Pennsylvania. This bill is a Trojan horse: it simply disguises another attempt to ban abortions and put politicians between a woman and her doctor,” administration spokesman J.J. Abbott said in an email. “If supporters of this bill want to have a larger conversation about how the state can better support women facing complex pregnancies and individuals with severe disabilities, Governor Wolf would be eager to do so.”

During Tuesday’s debate, lawmakers often cited personal experience with individuals with Down syndrome or disabilities. Republicans cited these stories as inspirational examples of the the value of life.

Rep. Sue Helm is telling the story of her (I believe) daughter Suzy, who has Down Syndrome. Now 45 years on, she said she doesn't regret the decision and appreciates all the time. Applause when she leaves the podium.

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019

But Rep. Danielle Friel Otten, D-Chester, shared a story in voice her sister, who gave birth to a child with multiple disabilities. While Otten said her sister has no regrets about carrying the pregnancy to term, she concluded it is always up to a woman to decide what is right for her.

Otten: "I have leaned on doctors I trust to guide me through this very difficult journey." Adds that "what you have to consider is a Down Syndrome diagnosis comes with an array of diagnosis that" could lead to a life of suffering.

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019

Democrats also asked Republicans to put more public money where their mouths were, and spend more on human services for individuals with disabilities.

Rep. Pam DeLissio, D-Philadelphia, pointed to the statewide, 13,000-deep waiting list for in-home care for people with intellectual disabilities. Other lawmakers cited the need for increases in education spending or the minimum wage.

Some human services programs have seen increases in funding since the 2015-16 budget, the first under Wolf and Turzai.

For example, a key Medicaid waiver was increased by roughly a third to $1.58 million. State special education funding increased over that same time period by $60 million, or 5.5 percent.

Klunk said she has asked House Appropriations Committee Chairman Stan Saylor, R-York, to allocate more funding in this year’s budget for people with intellectual disabilities.

"The life of a child born with Down Syndrome today is much much different than one born decades ago," Klunk says. Adds she asked Appropriations Chair Stan Saylor to put more money into disability services this year.

— Stephen Caruso (@StephenJ_Caruso) May 14, 2019