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 ori-
entation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Equal Right to Life 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) A 1993 study of the role of genetics in male 
sexual orientation found a linkage between DNA 
markers on the X chromosome. 
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(2) A 2019 study found same-sex sexual behav-
ior has a genetic component. 
(3) As science advances, noninvasive prenatal 
screening for sexual orientation could become a re-
ality in the near future. 
(4) All unborn children, regardless of antici-
pated sexual orientation, are entitled to a right to 
life. 
SEC. 3. RESTRICTION ON PRENATAL GENETIC TESTING 
AND ABORTION BASED ON POSSIBLE SEXUAL 
ORIENTATION. 
(a) IN GENERAL.—Chapter 74 of title 18, United 
States Code, is amended— 
(1) in the chapter heading by striking ‘‘PAR-
TIAL-BIRTH’’; and 
(2) by inserting after section 1531 the fol-
lowing: 
‘‘§ 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 ge-
netic 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. 
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‘‘(b) ABORTION PERFORMED POST-PRENATAL GE-
NETIC TESTING FOR SEXUAL ORIENTATION.—Any physi-
cian 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 test-
ing 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 im-
prisoned 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 sec-
tion.’’. 
(b) CLERICAL AMENDMENT.— 
(1) CHAPTER
74.—The table of sections for 
chapter 74 is amended by inserting after the item 
relating to section 1531 the following: 
‘‘1532. Prenatal genetic testing and abortion based on possible sexual orienta-
tion.’’. 
(2) PART I.—The table of chapters at the be-
ginning of part I of title 18, United States Code, is 
amended by striking the item relating to chapter 74 
and inserting the following: 
‘‘74. Abortions .......................................................................................... 1531’’. 
Æ 
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