Issue 1: The Right to Reproductive Freedom with Protections for Health and Safety (11/7/2023)
BALLOT LANGUAGE
WHAT IT MEANS
ARGUMENTS FOR AND AGAINST
Yes
- In response to a question regarding parental consent:
“I do have concerns about what we can do for minors who are in those situations where they cannot safely involve their parents. "I think that’s something really important, and something that we should work on.” Kellie Copeland, Exec. Director of Pro-Choice Ohio Jessie Balmert, "Ohio abortion rights advocate concerned parental consent law doesn't work for abused kids," Cincinnati Enquirer, August 29, 2023.
- "Abortion is health care, and health care is a human right. Human Rights Campaign members and supporters in Ohio are ready to fight alongside local advocates, medical professionals, and all Ohioans to ensure access to safe, legal, equitable, and comprehensive reproductive medical care, including abortion, is available to every Ohioan."
-
“Every person deserves respect, dignity, and the right to make reproductive health care decisions, including those related to their own pregnancy, miscarriage care, and abortion free from government interference.” Ohioans United for Reproductive Rights Executive Committee members Lauren Blauvelt and Dr. Lauren Beene
Planned Parenthood Advocates of Ohio Press Release, accessed Sept. 22, 2023.
No
- "The Human Rights Campaign, the nation’s leading activist group advocating for minors’ ‘right’ to undergo transgender surgeries and receive dangerous puberty blocking drugs and wrong-sex hormones, endorsing Planned Parenthood’s abortion initiative is further proof that this proposed constitutional amendment is far more extreme than you might think." David Mahan, Policy Director, Center for Christian Virtue
Ben Johnson, "Controversial Transgender Groups Endorse Ohio’s Abortion-Related Issue One,"The Washington Stand, September 5, 2023.
- "Because of Prop 3, Michigan has become the wild, wild west where they have allowed radical abortion ideology to override common sense and compassionate medical safety requirements protecting women and children – not to mention parental rights. Ohio be warned: The tragic consequences of Michigan’s Prop 3 are coming to fruition less than a year after passage." Amy Natoce, Press Secretary, Protect Women Ohio
Breccan F. Thies, "Ohio abortion opponents draw Michigan comparison to sound alarm on ballot initiative," Washington Examiner, September 15, 2023.
- In response to Kellie Copeland's comment on parental consent:
“Issue 1 backers are finally admitting what we have been saying all along: that this amendment is an anti-parent trojan horse. Issue 1 would wipe away existing and future parental involvement laws, cutting parents out of some of the most important and life-altering decisions affecting their child. Not only that but the proposed amendment outlaws any protections for women and unborn children, even through the ninth month of pregnancy. This amendment is way too extreme for Ohio.” Amy Natoce, Press Secretary, Protect Women Ohio, accessed September 3, 2023.
ENDORSEMENTS
Yes
FINANCIAL BACKING
The following information provides insight into the money being spent to pass or defeat the ballot measure.
Yes
Committees formed to SUPPORT
Ohio Issue 1.
OHIOANS FOR REPRODUCTIVE FREEDOM
-
Selected Contributions TO Ohioans for reproductive Freedom include:
- Sixteen Thirty Fund
ACLU
Planned Parenthood
- Lynn Schusterman
- Open Society Policy Center
- The Fairness Project
- Jay Pritzker
-
OHIO PHYSICIANS FOR REPRODUCTIVE RIGHTS
Selected Contributions TO Ohio Physicians for Reproductive Rights include:
- Red Wine and Blue Fund 501(C)(3) & 501(C)(4)
- Martin Haskell
- Matthew & Seanna Walter
- David Burkons
- Ohioans United for Reproductive Rights
- Anne, Jeffery, Michael & Peter Edwards
OHIOANS UNITED FOR REPRODUCTIVE RIGHTS
Selected Contributions TO Ohioans United for Reproductive Rights include:
- Ohioans for Reproductive Freedom
- Open Society Policy Center
- Sixteen Thirty Fund
- ACLU
- Lynn Schusterman
- The Fairness Project
- Planned Parenthood
- Tides Foundation
- Ohio Physicians for Reproductive Rights
- Advocacy Action Fund
- Michael Bloomberg
- Gwendolyn Sondtheim
- Abigail Wexner
No
Committees formed to OPPOSE Ohio Issue 1.
Selected Contributions TO Protect Women Ohio include:
- Susan B. Anthony Pro-Life America
- Protect Women Ohio Action, Inc.
- Knights of Columbus
- Archdiocese of Cincinnati
- Diocese of Columbus
- Catholic Diocese of Cleveland
- Thomas E Jeckering
- Vincent & Mary Ann Kyle
- Terrence Caster
- Tony, Jack, Jr. & Jerry Maas
- Ohio Right to Life
- Langdon Law
Selected Contributions TO Protect Women Ohio include:
- The Concord Fund
- Susan B Anthony Pro-Life America
- Susan B Anthony
- Lenawee
- Carol Crossed
- Richard Stitch
- Chain & Bridge Bank
Selected Contributions TO Protect Women Ohio include:
- Center for Christian Virtue
- M Motors Group, Inc.
OTHER INFORMATION
Yes
The following points take neither a Yes or No position on the issue but are excerpts from the legal analysis.
- "Ohio would no longer have the ability to limit abortions at any time before a fetus is viable. Viability is generally thought to be around 21 or 22 weeks. Passage of Issue 1 would invalidate the Heartbeat Act, which restricts abortions (with health and other exceptions) after a fetal heartbeat is detected, which is usually at about six weeks. No other pre-viability limit would be allowed."
- "Ohio currently bars doctors from performing abortions when they know that the abortion is motivated by a diagnosis of Down syndrome. That law was upheld in court during the Roe v. Wade era. If Issue 1 passes, that law would be invalidated, along with any other laws aimed at preventing discriminatory motives, such as abortions performed based on the sex or disability of the fetus."
- "Ohio law regulates the methods used to perform abortions later in pregnancy, dilation and evacuation abortions (what Ohio law calls “dismemberment abortions”), or dilation and extraction abortions (what Ohio law calls partial-birth feticide). Ohio’s partial-birth law was upheld in federal court under the Casey test. Those laws would both be invalidated and these abortions would be permitted. For both methods, current Ohio law requires doctors to first initiate the death of the fetus, such as by injecting a heart-stopping drug, before proceeding with the termination of the pregnancy and removal of the fetus. Those restrictions would likely not survive under an 'exclusive scrutiny' test."
Ohio Attorney General Dave Yost, Legal Analysis of State Issue 1, October 5, 2023.
-
“Issue 1 is about the extreme abortion ban that is on the books and our ability to make medical and health care decisions for ourselves and removing politicians from the process.”
Desiree Tims, President & CEO of Innovation Ohio
Spectrum News Forum on Ohio Issue 1, October 11, 2023, 9:02.
No
The following points take neither a Yes or No position on the issue but are excerpts from the legal analysis.
- "The proposed abortion Amendment would create a new standard that goes further than Casey’s “undue burden” test or Roe’s original “strict scrutiny” test and will make it harder for Ohio to maintain the kinds of law already upheld as valid prior to last year's decision in Dobbs. In other words, the Amendment would give greater protection to abortion to be free from regulation than at any time in Ohio’s history. That new test includes definitions and other terms that likewise make it harder for any law covering “reproductive decisions” to survive. This change is significant: The Amendment would not return things to how they were before Dobbs overruled Roe, and is not just “restoring Roe.” It goes further."
- "The Amendment would go legally further than Roe/Casey in other ways, too. First, it says that every “individual” has these rights, which could be read to include minors having the same rights as adults, as opposed to the traditional practice of children having limited rights. Second, it covers “reproductive decisions, including but not limited to” the named areas of contraception, fertility treatment, continuing one’s own pregnancy, miscarriage care, and abortion — language that is broader than Roe or Casey. Some of those might not affect Ohio law as a practical matter, as Ohio has no restrictions on miscarriage care or on continuing a pregnancy. But the “not limited to” clause leaves open an unknown future in court litigation."
- "The Amendment likely also protects post-viability abortions under certain circumstances. On one hand, it says that “abortion may be prohibited after fetal viability.” It then puts that assessment in one person’s hands — the doctor performing the abortion. It provides that in all cases, the doctor determines whether the fetus is viable and whether the pregnant woman’s health justifies the post-viability abortion."
Ohio Attorney General Dave Yost, Legal Analysis of State Issue 1, October 5, 2023.
- “[This amendment] eviscerates our health and safety
standards. Today on the books, if you’re going
through some traumatic reason for going through an abortion, you have to be
affiliated with an ambulatory facility. We would get rid of that. God forbid
there is an emergency. What does that woman do? … When I go see my doctor today
because I am seven-and-a-half-months pregnant, they always keep me separate
from my spouse and say, ‘Is there domestic abuse at home?’ Guess what? That
won’t exist anymore. Why are they so anti-woman? Why are they so
anti-protecting what is so sacred today, which is our families and our youth?”
Mehek Cooke, Protect Women Ohio
Spectrum News Forum on Ohio Issue 1, October 11, 2023, 28:09.