I 

116TH CONGRESS 

1ST SESSION H. R. 4442 

To amend title 18, United States Code, to prohibit prenatal genetic testing 

and abortions on the basis of sexual orientation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2019 

Mr. DUFFY introduced the following bill; which was referred to the Committee 

on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal Right to Life 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) A 1993 study of the role of genetics in male 

9 sexual orientation found a linkage between DNA 

10 markers on the X chromosome. 


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1 (2) A 2019 study found same-sex sexual behav2 ior has a genetic component. 

3 (3) As science advances, noninvasive prenatal 

4 screening for sexual orientation could become a re5 ality in the near future. 

6 (4) All unborn children, regardless of antici7 pated sexual orientation, are entitled to a right to 

8 life. 

9 SEC. 3. RESTRICTION ON PRENATAL GENETIC TESTING 

10 AND ABORTION BASED ON POSSIBLE SEXUAL 

11 ORIENTATION. 

12 (a) IN GENERAL.—Chapter 74 of title 18, United 

13 States Code, is amended— 

14 (1) in the chapter heading by striking ‘‘PAR15 TIAL-BIRTH’’; and 

16 (2) by inserting after section 1531 the fol17 lowing: 

18 ‘‘§ 1532. Prenatal genetic testing and abortion based 

19 on possible sexual orientation 

20 ‘‘(a) GENETIC TESTING.—Any physician who, in or 

21 affecting interstate or foreign commerce, performs a ge22 netic test to identify the likely sexual orientation of the 

23 child shall be fined under this title and imprisoned for not 

24 less than 1 year and not more than 10 years. 


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1 ‘‘(b) ABORTION PERFORMED POST-PRENATAL GE2 NETIC TESTING FOR SEXUAL ORIENTATION.—Any physi3 cian who, in or affecting interstate or foreign commerce, 

4 knowingly performs an abortion and thereby kills a human 

5 fetus in the case that the mother underwent genetic test6 ing prohibited under subsection (a) and seeks the abortion 

7 because of the results of that test, shall be fined under 

8 this title and imprisoned for not less than 10 years or im9 prisoned for life. 

10 ‘‘(c) LIABILITY OF THE PATIENT.—A patient upon 

11 whom an abortion is performed may not be prosecuted 

12 under this section or for a conspiracy to violate this sec13 tion.’’. 

14 (b) CLERICAL AMENDMENT.— 

15 (1) CHAPTER 74.—The table of sections for 

16 chapter 74 is amended by inserting after the item 

17 relating to section 1531 the following: 

‘‘1532. Prenatal genetic testing and abortion based on possible sexual orientation.’’. 

18 (2) PART I.—The table of chapters at the be19 ginning of part I of title 18, United States Code, is 

20 amended by striking the item relating to chapter 74 

21 and inserting the following: 

‘‘74. Abortions .......................................................................................... 1531’’. 

Æ 


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