Cooper vetoes Down syndrome abortion bill

Under the bill, the doctor would have to submit an attestation to the state that they did not hear or have reason to believe that a woman requested an abortion because of a Down syndrome diagnosis or the presumed race of the fetus. The doctor would also be required to submit any testing results for Down syndrome.

"This bill gives the government control over what happens and what is said in the exam room between a woman and her doctor at a time she faces one of the most difficult decisions of her life," Cooper said in a statement. "This bill is unconstitutional and it damages the doctor-patient relationship with an unprecedented government intrusion."

Bill supporters said they were trying to end a form of eugenics.

"With a stroke of his pen, Gov. Cooper just told North Carolinians that it’s OK to discriminate based on race or disability as long as it’s in the womb. This bill simply put an end to eugenics," Sen. Amy Galey, R-Alamance, said in a statement.

Backers noted that Down syndrome tests are incorrect about half of the time and maintained that physicians sometimes encourage women to have abortions if a test shows the genetic abnormality.

Tami Fitzgerald, president of the North Carolina Values Coalition, said Cooper "should mind his own 'unprecedented government intrusions' of the past year," referring to the restrictions he put in place during the coronavirus pandemic.

"Saving unborn babies who have been diagnosed with Down syndrome from being targeted for selective abortion based solely on their disability prevents discrimination," Fitzgerald said in a statement.

Opponents called the bill a solution for a non-existent problem and that lawmakers should instead focus on providing more services to families with Down syndrome children.

"The state should never interfere with the relationship between a patient and their medical provider or force a person to carry a pregnancy to term against their will," Susanna Birdsong, a spokeswoman for Planned Parenthood South Atlantic, said in a statement. "The governor was right to reject this harmful bill, and we urge state lawmakers to uphold his veto."

Liz Barber, policy analyst for the state chapter of the American Civil Liberties Union, called the veto "a step toward protecting North Carolinians’ right to decide if and when they want to become parents."

"We have a lot of work to do to end discrimination against marginalized groups, but unconstitutionally limiting access to medical care based on the government’s moral judgment does not contribute in any way to those efforts," Barber said in a statement. "Each and every North Carolinian should have the freedom to practice discretion in their reproductive choices. Today, Governor Cooper worked to protect that freedom."

House Speaker Tim Moore said lawmakers will continue working to protect unborn children, as well as those born with disabilities.

"Gender, race and disability are protected classes in most other contexts. Why should we allow the unborn to be discriminated against for these same traits?" Moore, R-Cleveland, said in a statement. "The message sent by this veto is that some human life is more valuable than others based on immutable characteristics."