ENROLLED
2021 Regular Session
HOUSE RESOLUTION NO. 109
BY REPRESENTATIVE CHARLES OWEN
A RESOLUTION
To urge and request the Louisiana State Law Institute to study provisions of law relative to
consent of a curator to an abortion or sterilization of an interdict, and to report its
findings to the House of Representatives of the Legislature of Louisiana no later than
February 1, 2022.
WHEREAS, persons with disabilities have equal personal dignity and human rights
as all other individuals; and
WHEREAS, any invasion of the autonomy of a person with a disability must have
a strong legal justification; and
WHEREAS, the practice of sterilizing individuals with disabilities and aborting
pregnancies of persons with disabilities without their consent began based on flawed eugenic
principles of hereditary inferiority; and
WHEREAS, the legislature rejects forced sterilization and forced abortion based on
negative stereotypes about persons with disabilities, as such stereotypes are immoral and
inconsistent with the values of the citizens of this state; and
WHEREAS, Code of Civil Procedure Article 4566 allows a person with a disability
who has been interdicted or placed under a continuing tutorship to be forcibly sterilized or
receive a forced abortion with the approval of a judge; and
WHEREAS, the current law in Louisiana establishes no process, legal standard, or
burden of proof and provides inadequate legal protections for the person with a disability
who is faced with the possibility of a forced sterilization or forced abortion; and
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WHEREAS, in the absence of a governing legal standard, the judicial authorization
of a forced sterilization or forced abortion may be based on stigma, personal bias, or
negative stereotypes about persons with disabilities; and
WHEREAS, the current law allowing forced sterilization and forced abortion is
inconsistent with fundamental principles of human rights and equal dignity for all
individuals; and
WHEREAS, the law should include a set of robust procedural protections for persons
with disabilities who have been interdicted or placed under a continuing tutorship; and
WHEREAS, procedural protections should include specific requirements to assess
the consent and wishes of the individual with a disability; and
WHEREAS, the procedural protections should include notice, the appointment of a
curator or supported decision-maker, and appointed counsel; and
WHEREAS, the law should require specific timelines in the case of a legal
proceeding seeking authorization for abortion; and
WHEREAS, the law should enumerate specific requirements of proof, allocate the
burden of proof, and set the standard to which each fact must be proven; and
WHEREAS, the law should be written so as not to interfere with necessary medical
care.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana urges and requests the Louisiana State Law Institute to study
provisions of law relative to the consent of a curator to an abortion or sterilization of an
interdict, and to report its findings to the House of Representatives no later than February
1, 2022.
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
and request the Louisiana State Law Institute to include representatives of Disability Rights
Louisiana and Louisiana Right to Life, to the extent not already included in the study group.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
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BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
one print copy and one electronic copy of any report produced pursuant to this Resolution
to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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