The measure was challenged by a Fargo abortion clinic and the Center for Reproductive Rights, but U.S. District Judge Daniel Hovland has just dismissed the part of the challenge based on gender and genetic defects.

Charmaine Yoest, President of Americans United for Life at the time of the bill's approval, said, "A civil society does not discriminate against people—born and unborn—for their sex or for disability. We should be celebrating diversity, not destroying it… Sex selection abortion is gender-based violence generally targeted toward females. Likewise, abortion performed solely because of genetic abnormalities is discriminatory and devalues the lives of the disabled."

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