Title: Equal Right to Life Act
Policy area: Crime and Law Enforcement

Summary:
Equal Right to Life Act
This bill prohibits prenatal genetic testing and abortions based on possible sexual orientation.
Specifically, the bill establishes new criminal offenses and related penalties for a physician who (1) performs a prenatal genetic test to identify the likely sexual orientation of the child, or (2) performs an abortion as a result of a prenatal genetic test for sexual orientation.
A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4442 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives 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.
            (2) A 2019 study found same-sex sexual behavior has a 
        genetic component.
            (3) As science advances, noninvasive prenatal screening for 
        sexual orientation could become a reality in the near future.
            (4) 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.

    (a) In General.--Chapter 74 of title 18, United States Code, is 
amended--
            (1) in the chapter heading by striking ``PARTIAL-BIRTH''; 
        and
            (2) by inserting after section 1531 the following:
``Sec. 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.''.
    (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 
                            orientation.''.
            (2) 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:

``74. Abortions.............................................    1531''.
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