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YES! The Right to Reproductive Freedom with Protections for Health and Safety

February 16, 2024

Despite the Ohio Ballot Board, led by Ohio Secretary of State Frank LaRose (R), rewriting of the proposed amendment that was Issue 1 on the General Election Ballot, Issue 1 won overwhelmingly statewide – 56.62% YES and 43.38% NO. In Erie County, Issue 1 passed by 56.93% YES and 43.07% NO. Thank You all Ohioans! You saw through the misleading, incorrect information and outright lies that purposefully was intended to confuse voters by leaving out all the information regarding contraception, fertility treatment, continuing one’s own pregnancy and miscarriage care. LaRose focused on abortion and continues to lie about the medical procedure being used to kill babies right up to delivery.

Know the facts! Read the proposed amendment language below. As of December 7, 2023 – thirty days after the General Election, this is the language that will be enshrined in Ohio’s Constitution to ensure women, their families – along with their physicians – have the right to determine their own reproductive decisions that are safe and without interference from politicians. Again, THANK YOU!

***************

Several Ohio Republicans are still lamenting that legislators hands are now tied since an overwhelming majority of Ohioans voted to enshrine women’s reproductive rights and healthcare in Ohio’s Constitution. Some have even argued ‘voters didn’t understand what they were voting on.’ We did know what we were voting for: To keep government out of decisions that women, their families and their doctors should be making. We won’t go back and will remember any Ohio Republican who attempts to overturn Ohioans voices and votes.

Now that abortion is enshrined in Ohio’s Constitution, Ohio Attorney General Dave Yost does not want the “Heartbeat Act,” which prohibited abortion after fetal cardiac activity is detected, dismissed. His brief still takes issue with the fact that a lower court judge was able to put the Heartbeat Act on hold in the first place. In addition, Yost now believes that at least part of the six-week abortion ban – aka Heartbeat Act – may be constitutional. Thus, he has asked a Hamilton County judge to dismiss the case. However. His 16-page filing didn’t include specifics of what parts of the six-week ban could still be constitutional.

Ohio Senate President Matt Huffman became the latest top Ohio Republican to say there shouldn’t be a ballot measure restricting abortion in Ohio on the ballot in 2024. Huffman expressed interest in banning abortion after 15 weeks into pregnancy, but said abortion opponents and others first should undergo some “soul-searching” before deciding on next steps. Huffman had said in a fiery election night statement that Issue 1’s passage would set off a “revolving door” of ballot issues to repeal or replace the measure, but abortion opponents have now backed off any plans to pursue any immediate changes. In the mean time, the Ohio Supreme Court dismissed the Heartbeat Law case due to voters’ passage of Issue 1 that caused a “change in law” which the justices cited in their ruling. Stay informed about what Republicans and their allies may do regarding the amendment that has now gone into effect as of December 7, 2023.

  • How are GOP candidates campaigning on abortion in a post-Issue 1 Ohio? | Nick Evans | Ohio Capital Journal | 2.14.2024
  • Filing suggests Ohio AG believes at least part of six-week abortion ban is still constitutional | Karen Kasler | The Statehouse News Bureau | 2.04.2024
  • Ohio Attorney General Dave Yost says abortion amendment could impact existing laws | Jamie Ostroff | nbc4i.com | 12.13.2023
  • Ohio Senate president who promised ‘revolving door’ of efforts to defeat Issue 1 echoes calls for no anti-abortion ballot measures in 2024 | Andrew J. Tobias and Jeremy Pelzer | cleveland.com | 11.15.2023
  • As potential hurdles to abortion amendment proposed, advocates ready to keep up the fight | Susan Tebben | Ohio Capital Journal | 11.20.2023
  • Abortion access is protected in Ohio. Now what? | Morgan Trau | Ohio Capital Journal | 12.11.2023
  • Ohio abortion rights advocates move forward with plans to snuff six-week ban | Susan Tebben | Ohio Capital Journal | 12.15.2023
  • Ohio Supreme Court dismisses Yost’s appeal in abortion Heartbeat Law case | Samantha Wildow | Dayton Daily News | 12.15.2023

***************

FULL TEXT OF PROPOSED AMENDMENT

Be it Resolved by the People of the State of Ohio that Article I of the Ohio Constitution is amended to add the following Section:

Article I, Section 22. The Right to Reproductive Freedom with Protections for Health and Safety

A. Every individual has a right to make and carry out one’s own reproductive decisions, including but not limited to decisions on:

    1. contraception;
    2. fertility treatment;
    3. continuing one’s own pregnancy;
    4. miscarriage care; and
    5. abortion.

B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either:

    1. An individual’s voluntary exercise of this right or
    2. 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.

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.

C. As used in this Section:

    1. “Fetal viability” means “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 This is determined on a case-by-case basis.”
    2. “State” includes any governmental entity and any political subdivision.

D. This Section is self-executing.

  • Summary and Full Text (PDF)
  • Attorney General Certification Letter, March 2, 2023 (PDF)
  • Letter from the Ohio Ballot Board, March 13, 2023 (PDF)

ADDITIONAL INFORMATION:

  • Comparison Sheet – Issue 1
  • Facts About Issue 1

ARTICLES:

  • Would November abortion rights amendment limit parental rights in Ohio? Experts say NO | Ohio Capital Journal | 8.16.2023
  • Appeals Court upholds legality of abortion pill but with significant restrictions | nytimes.com | Pam Belluck and Adam Liptak | 8.16.2023
  • Ohio Supreme Court rejects lawsuit to keep abortion rights amendment off November ballot | The Statehouse News Bureau | Jo Ingles | 8.11.2023

For important information about voting concerning
the November 7, 2023 – General Election,
please visit here.

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