Reason-Based Abortion Bans, Disability Rights, and the Future of Prenatal Genetic Testing

Abstract

Over the past decade, conservative states have increasingly begun passing laws that prohibit abortions sought because of fetal genetic anomalies. These laws often provide an extremely broad definition genetic anomaly, effectively banning abortion based on any genetically mediated condition or disability. Concurrently, there has been a move in anti-abortion rhetoric towards endorsement of disability rights arguments to support limiting the relevance of genetic information in reproductive decision making. This articles explores the practical and normative implications of these shifts in anti-abortion strategy, particularly in light of the eminent emergence of new prenatal genetic testing technologies that will radically expand the amount of genetic information available to expecting parents.