Ohio Could Reset The Abortion Debate

Ohio voters will decide on November 7 whether access to abortion should be a right enshrined in the state constitution, a choice that will be crucial in determining the course of the battle over reproductive rights in the state and across the country.

Ballots began being accepted on October 11 and will be valid through November 7, Election Day, for the proposed amendment—Issue 1—which would establish an “individual right to one’s own reproductive medical treatment including but not limited to abortion.” This includes access to contraception, fertility treatment, and miscarriage care.

The proposed amendment to the state constitution will not actually prevent Ohio from still restricting abortion beyond the point when a fetus can survive outside the womb—about 23 to 24 weeks into the pregnancy—though an exception is made when “necessary to protect the pregnant patient’s life or health.”

But it will block a six-week ban on abortion—already halted by a local court last year—coming into force, Daniel Kobil, professor at the Capital University Law School, told Newsweek.

“The Constitutional Amendment proposed by Issue One specifically allows Ohio to prohibit abortions after viability, which is defined as the point at which the fetus is capable of living outside the uterus with reasonable measures,” he said.

“Under Roe, this was at about 24 weeks. Thus, the 6-week ban would directly conflict with the Ohio Constitution, meaning it would be superseded and unenforceable. Most legal observers, including Republican A.G. Dave Yost, seem to agree on this.”

The vote on November 7 follows Ohioans’ rejection in August of a GOP-backed ballot measure that would have made it harder to implement changes to the state constitution. The measure, which attempted to raise the threshold to pass a constitutional amendment to 60 percent, appeared clearly targeted at stopping a vote on Issue 1.

What Are Supporters Saying?

Three political action committees—Ohioans for Reproductive Freedom, Ohio Physicians for Reproductive Rights, and Ohioans United for Reproductive Rights—are leading the campaign in support of Issue 1, with the backing of the Ohio Democratic Party and Planned Parenthood Advocates of Ohio, among others.

For those supporting it, the amendment is necessary to bring back abortion protection in the state of Ohio after the Supreme Court overturned Roe v. Wade in June last year.

Ohioans can currently have a legal abortion through 22 weeks of pregnancy, thanks to a lower court’s ruling last year that indefinitely blocked a state’s six-week abortion ban with no exception for rape. But there’s a risk that the situation could be once again reversed.

“I know the first-hand impact and harm when the government and politicians take away that sacred right [to abortion],” Rhiannon Carnes, founder and executive director of Ohio Women’s Alliance, told Newsweek.

“We are backing Issue 1 because we simply cannot afford to leave life-saving care in the hands of extremist politicians politicizing our reproductive freedom by running a campaign full of lies to maintain power over our bodies,” she continued.

“We must stop Ohio’s life-threatening abortion ban by voting yes and passing Issue 1. We deserve to live in healthy and prosperous communities, and that starts with taking back our right to reproductive justice, including abortion access.”

Carnes has stressed the importance of abortion access for Black women, for which her organization was created.

“Black women in Ohio are already 2.6 times more likely to die from pregnancy complications than white women, and research shows that states with abortion bans have 62 percent higher maternal mortality rates than states with access,” she told Newsweek.

What Are Opponents Saying?

Opponents—including several Ohio Republican lawmakers—have led a campaign that has characterized Issue 1 as a threat to children and their parents.

They said that the amendment does not specify the number of weeks for viability, opening the path to controversy and, allegedly, misuse of the medical practice, including the legalization of infanticide.

They also warned that the amendment would have far-reaching consequences well beyond abortion, allowing gender-related surgeries on children without their parents’ consent.

“The Ohio Abortion Amendment goes far beyond what Roe v. Wade allowed, jeopardizing laws that protect women and children,” Denise Burke, senior counsel with Alliance Defending Freedom (ADF) told Newsweek.

“It threatens to strip parents of their rights and could create a right to so-called ‘gender transition’ drugs and surgeries, eliminating parental involvement in these life-changing, irreversible procedures,” she continued.

“The impact of this amendment hinges on the meaning of ‘reproductive freedom’—proponents of ‘reproductive freedom’ argue that this term includes dangerous puberty blockers, cross-sex hormones, and sterilizing surgeries,” Burke added.

“And the Amendment could force taxpayers to pay for abortions and dissolve conscience protections for healthcare professionals who do not want to participate in abortions,” she concluded.

“Whether you’re pro-life or pro-choice, Issue 1 just goes too far,” Ohio Governor Mike DeWine, a Republican, said during a recent event at the Ohio GOP’s headquarters.

What Would Happen Should Issue 1 Fail?

“If Issue 1 fails, I think it is extremely likely that the Ohio Supreme Court would issue a ruling that would once again allow enforcement of the 6-week ban,” Kobil told Newsweek.

“At least three of the justices have made statements critical of abortion rights, and a majority of the court recently ruled in favor of anti-abortion groups by allowing ballot language on Issue One that is at best inflammatory, and at worst, highly misleading,” he continued.

“A rejection of Issue 1 would likely embolden them to reaffirm the 6-week ban that has been temporarily paused by a lower court,” he added.

What Would Happen Should Issue 1 Succeed?

A majority of Ohioans support access to abortion in the state, with a 2022 AP VoteCast polling revealing that 59 percent of voters say abortion should generally be legal.

Should Issue 1 pass and abortion access become a right enshrined in Ohio’s state constitution, other states could be emboldened to move in a similar direction to protect reproductive rights.

“It would mean that in states that have a constitutional initiative process—I believe there are currently 17 states, in addition to Ohio—this would be an effective method of protecting reproductive freedoms favored by most citizens,” Kobil said of a possible victory for Issue 1 supporters.

Six other states, including Kansas, California, Kentucky, Michigan, Montana and Vermont, have already voted to protect abortion access either by enshrining reproductive rights in their constitutions or rejecting restrictions.

“Michigan has already used this approach to do so. However, in many states, other methods would have to be used because they may not have a readily available way for citizens to amend their state constitutions,” Kobil added.

An Answer To The Republicans’ Dilemma?

Ohio is also currently functioning as a testing ground for the GOP’s political messaging surrounding reproductive rights, an issue that the party has been focusing on for years.

In the aftermath of the overruling of Roe v. Wade last June, abortion has become something of a “dilemma” for the Republican party, Glenn Altschuler, a professor of American history at Cornell University, told Newsweek.

“Republican politicians are trying to sort out whether there is a position that will satisfy the Republican base as well as swing voters, suburban voters, independent voters and so on,” Altschuler said.

“And that’s why people like Lindsey Graham have endorsed a federal 15-week abortion plan, because they think that that has the possibility of some greater level of support outside of the GOP while not antagonizing the Republican base,” he continued.

“But we still see a split. Florida passed a six-week ban. Mike Pence is in favor of an absolute ban on abortion. Donald Trump, who has always been a little bit wary of these issues, is saying let’s leave it to the states,” he added.

Altschuler said that the huge turnout in Ohio’s latest referendum is a sign that “the endurance and power of abortion as a political issue is undeniable.”

“There’s no question that the abortion issue has galvanized American voters, and we see this manifesting itself in votes on constitutional amendment in Republican states like Kansas and Ohio, where a very substantial majority are voting to have some protections for abortion in their constitutions,” he said.

But there’s an important distinction that needs to be made, Altschuler added.

While a majority in states like Ohio and Kansas seems to support abortion access, “when we have elections for members of Congress, governors, senators or even the president, it’s not entirely clear that the majority supporting abortion protection transfers 1 to 1 to vote for candidates who are pro-abortion [rights], as opposed to candidates who are not.”

Thomas Gift, the founding director of the Centre on U.S. Politics at University College London, told Newsweek that most Republicans have been well aware of “the electoral consequences of the abortion issue, especially after last year’s midterms.”

“They know that, save for a few right-wing districts, hugely restricting access to reproductive rights will hurt them at the polls. But for many, it’s more about principles than squeezing out every last vote,” he continued.

“Still, the more the extreme fringes of the GOP dominate the abortion debate, the more that even moderate voices in the party will suffer in 2024. Most Americans have nuanced views on abortion, but the vast majority are wary of full-scale bans, especially when it involves rape, incest, and a mother’s health.”