Section 1 Short title
This Act may be cited as the “Equal Right to Life Act”.
Equal Right to Life Act
A BILL
To amend title 18, United States Code, to prohibit prenatal genetic testing and abortions on the basis of sexual orientation, and for other purposes.
Sec. 2 Findings
Congress finds the following:
A 1993 study of the role of genetics in male sexual orientation found a linkage between DNA markers on the X chromosome.
A 2019 study found same-sex sexual behavior has a genetic component.
As science advances, noninvasive prenatal screening for sexual orientation could become a reality in the near future.
All unborn children, regardless of anticipated sexual orientation, are entitled to a right to life.
Sec. 3 Restriction on prenatal genetic testing and abortion based on possible sexual orientation
In general— Chapter 74 of title 18, United States Code, is amended—
in the chapter heading by striking “Partial-Birth”; and
by inserting after section 1531 the following:
“1532. Prenatal genetic testing and abortion based on possible sexual orientation
“(a) Genetic testing—Any physician who, in or affecting interstate or foreign commerce, performs a genetic test to identify the likely sexual orientation of the child shall be fined under this title and imprisoned for not less than 1 year and not more than 10 years.
“(b) Abortion performed post-Prenatal genetic testing for sexual orientation—Any physician who, in or affecting interstate or foreign commerce, knowingly performs an abortion and thereby kills a human fetus in the case that the mother underwent genetic testing prohibited under subsection (a) and seeks the abortion because of the results of that test, shall be fined under this title and imprisoned for not less than 10 years or imprisoned for life.
“(c) Liability of the patient—A patient upon whom an abortion is performed may not be prosecuted under this section or for a conspiracy to violate this section.”
Clerical Amendment—
Chapter 74— The table of sections for chapter 74 is amended by inserting after the item relating to section 1531 the following:
Part I— The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 74 and inserting the following: