CHILLICOTHE, Ohio — Ohio residents will be faced with a monumental decision this Tuesday.
Issue 1, on the Nov. 7 ballot, will address matters of abortion, contraception, and other reproductive decisions. This comes after the U.S. Supreme Court’s pivotal move in overturning Roe v. Wade, transferring the power of abortion policy to the states. As a result, Ohio enacted a law that limited abortions after six weeks of gestation, aligning with the detection of embryonic cardiac activity. This law, often referred to as the “heartbeat bill,” is currently under review by the Ohio Supreme Court.
With Roe v. Wade’s overturning and subsequent state decisions, proponents of reproductive rights aim to bring forth a constitutional amendment for the November vote. This amendment’s language seeks to establish a right to access contraception, fertility treatment, miscarriage care, and continuation of pregnancy. However, it has not been devoid of criticism, with opponents claiming its vagueness could lead to potential misinterpretations and risks.
One of the significant points of contention is the term “viability,” a phase in pregnancy where a fetus could potentially survive outside the womb, typically at 24 weeks gestation. The proposed amendment allows post-viability abortions to safeguard the pregnant individual’s life or health.
The Ohio Department of Health’s data from 2021 showed that 21,813 abortions were performed in the state. Of these, 87.5% took place at 12 weeks gestation or earlier. Only 0.7% were done post-21 weeks gestation. A national reporting effort, #WeCount, provides insight into the aftermath of Roe v. Wade’s overturning. Ohio saw a decline from over 2,000 abortions in April 2022 to 770 in August due to the state’s abortion restrictions.
The upcoming Issue 1 ballot could lead to potential confusion amongst voters. An Issue 1 was introduced in August, aiming to modify the requirements to change the state constitution. It was declined by the voters, 57% to 43%. To clarify, every election assigns numbers starting from one for ballot issues, leading to numerous past “Issue 1s.”
The ballot’s language undergoes formulation by the Ohio Ballot Board, a panel of five members. Their version does not have to mirror the original petition language. Instead, the entire amendment’s language gets embedded into the Ohio Constitution upon approval.
The amendment also addresses the term “individual,” eschewing the word “woman.” This broad terminology has led to debates about its implications, with opponents arguing it could provide minors with equal rights to make reproductive choices without parental consent. Supporters, however, highlight its inclusivity, considering nonbinary and trans individuals. If Issue 1 passes, judges will be responsible for determining the violation of new constitutional language by abortion restrictions.
