Issue 1: The Right to Reproductive Freedom with Protections for Health and Safety (11/7/2023)

Ballot Icon Ballot Measure

PASSED

Result Icon Result

LIBERAL

BALLOT LANGUAGE

A Self-Executing Amendment Relating to Abortion and Other Reproductive Decisions Proposed Constitutional Amendment Proposed by Initiative Petition To enact Section 22 of Article I of the Constitution of the State of Ohio A majority yes vote is necessary for the amendment to pass. The proposed amendment would: -Establish in the Constitution of the State of Ohio an individual right to one's own reproductive medical treatment, including but not limited to abortion; -Create legal protections for any person or entity that assists a person with receiving reproductive medical treatment, including but not limited to abortion; -Prohibit the State of Ohio from directly or indirectly burdening, penalizing, or prohibiting abortion before an unborn child is determined to be viable, unless the State demonstrates that it is using the least restrictive means; -Grant a pregnant woman's treating physician the authority to determine, on a case-by-case basis, whether an unborn child is viable; -Only allow the State of Ohio to prohibit an abortion after an unborn child is determined by a pregnant woman's treating physician to be viable and only if the physician does not consider the abortion necessary to protect the pregnant woman's life or health; and -Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician's determination, the abortion is necessary to protect the pregnant woman's life or health. If passed, the amendment will become effective 30 days after the election.

WHAT IT MEANS

1. Every individual has a right to make and carry out one's own reproductive decisions, including but not limited to decisions on contraception, fertility treatment, continuing one's own pregnancy, miscarriage care, and abortion. 2. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against, an individual's voluntary exercise of this right of a person or entity that assists an individual exercising this right, unless the State demonstrates that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care. 3. However, abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient's treating physician it is necessary to protect the pregnant patient's life or health. 4. As used in this Section, "the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. This is determined on a case-by-case basis"; and "State" includes any governmental entity and political subdivision. 5. This Section is self-executing. A "YES" vote represents a Liberal position. A "NO" vote represents a Conservative position.

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."

Kelley Robinson, Human Rights Campaign President, "Human Rights Campaign Endorses Ohio Ballot Initiative to Secure Abortion as a Legal Right in Ohio," Press Release, August 15, 2023.

  • “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.

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.

PROTECT WOMEN OHIO

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 

PROTECT WOMEN OHIO ACTION

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

PROTECT WOMEN OHIO FUND

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.

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