The simple question, “Will you be my sunshine?” and the beaming smile of a young lady who’d just been invited to homecoming recently charmed the nation. Video of Florida high school student David Cowan’s chivalrous “proposal” to his girlfriend Saris Marie Garcia, a cheerleader, went viral and has been viewed by more than 4 million people. David and Saris are childhood sweethearts — and it just so happens that they both have Down syndrome.
This lovely young couple’s joyful moment, captured for all the world, is no exception: Research shows 99% of people with Down syndrome are happy with their lives — and their happiness is contagious. Scenes like these show our society has come a long way in accepting difference as a normal part of being human and recognizing the potential of people with Down syndrome to lead rich, fulfilling lives, if only given the opportunity and the support.
Sadly, our laws have yet to catch up with this reality. Earlier this month, a panel of the 6th Circuit blocked an Ohio law that protects unborn children from being targeted for abortion because they have Down syndrome, an insidious type of discrimination that wouldn’t be tolerated if its victims were able to speak out in their own defense. Previously, another federal judge blocked a similar law in Missouri. The attorneys general of both states are appealing those decisions.
In June, the Supreme Court declined to review a similar Indiana law signed by then-Gov. Mike Pence, without expressing any opinion for or against it. Susan B. Anthony List had submitted a friend-of-the-court brief arguing that laws like Indiana’s are constitutional and that the court should uphold them. As long as the court imposes the extreme status quo of abortion on demand through birth nationwide, states should at least be able to pass laws protecting historically marginalized groups of people from discrimination — the same way we do in our employment laws, as one judge pointed out as the case made it way up through the lower courts. This just makes sense.
Although the Supreme Court took a pass on the Down syndrome issue in the Indiana case, Justice Clarence Thomas wrote that the question of whether states can ban eugenic discrimination is an “issue of first impression” — meaning the court has never taken it upon its merits — and remains open.
According to a recent report, at least 11 states have enacted or introduced legislation protecting unborn babies with Down syndrome from being targeted. The more states that enact nondiscrimination laws, the greater the pressure on the Supreme Court to resolve the fundamental question Thomas urged it to address, especially if federal courts begin to split on the issue. The Missouri and Ohio cases create the opportunity for that to happen.
A favorable ruling from the courts on this issue would be a tremendous victory not only for our littlest brothers and sisters with Down syndrome but for children whose lives are imperiled daily all because of a trait outside their control. Progress cannot come fast enough.
Back in March when celebrating World Down Syndrome Day, my friend Katie Shaw (a young woman with Down syndrome and a top advocate for Indiana’s nondiscrimination law) and I called attention to the stunningly high abortion rates for Down syndrome that are wiping out this community in many developed nations and implored the United States to stop leaving these children behind. The best, most immediate way to make an impact is for more states to follow the lead of Ohio and Missouri.
There’s a reason David and Saris touched and encouraged all those millions. Those who love someone with Down syndrome know: They are the light of our lives, letting sunshine into the dark corners of our world. It’s time we opened our hearts and made room.
Marjorie Dannenfelser (@marjoriesba) is president of the national pro-life group Susan B. Anthony List.
