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| Ohio votes on abortion rights this fall |
As Ohio gears up for a crucial vote on abortion rights this November, the battleground is already inundated with misleading claims surrounding the potential implications of the proposed constitutional amendment, known as Issue 1. This amendment aims to secure access to abortion rights for Ohioans, but the contentious debate has given rise to a maelstrom of misinformation regarding abortion care, gender-related health care, and parental consent in the state.
Proponents of Issue 1 argue that the amendment seeks to reinstate common-sense protections for abortion rights, especially since the U.S. Supreme Court overturned Roe v. Wade last year. They believe it aligns with the values of most Ohio voters who support reproductive autonomy.
However, opponents have painted a starkly different picture. They claim that the amendment could serve as a gateway for minors to obtain abortions and gender-related surgeries without parental consent. Furthermore, some critics have erroneously suggested that it might pave the way for protecting abusers and legalizing infanticide.
To gain clarity on the matter, the Associated Press consulted numerous medical and legal experts to elucidate the potential consequences of Issue 1 for Ohioans should it pass in November.
Protecting Ohio's Right to Restrict Abortions Later in Pregnancy
One contentious issue is the potential impact on abortion restrictions later in pregnancy. If the amendment is approved, Ohio would still have the authority to restrict abortion beyond the point at which a fetus can viably survive outside the womb. This point of viability, often around 23 to 24 weeks into pregnancy due to advancements in medical science, serves as a crucial marker.
Opponents argue that the amendment could permit abortions "up to birth" because it grants doctors the authority to determine fetal viability and includes exemptions for later abortions to safeguard the life or health of the mother. Critics contend that the amendment should have included specific weeks for defining viability.
Legal experts, however, argue that this viewpoint fails to acknowledge the responsibility doctors have in adhering to established medical science. The original language of the amendment defined fetal viability as the point at which a fetus has "a significant likelihood of survival outside the uterus with reasonable measures." According to Dan Kobil, a constitutional law professor at Capital University Law School, doctors would act unprofessionally if they declared a 9-month fetus incapable of survival unless facing life-threatening birth defects.
Moreover, late-term abortions are exceedingly rare, constituting less than 1% of all abortions in the U.S. in 2020, according to the CDC. These procedures are typically performed in heart-wrenching circumstances, such as severe fetal anomalies or maternal health risks.
Clarifying Protection for Those Assisting Patients
Critics have contended that the amendment might inadvertently protect abusers who "assist" someone in making reproductive decisions. They argue that the wording could shield adults who coerce teenagers or individuals who act without parental consent.
Legal experts dismiss this claim, emphasizing that abuse is illegal under Ohio law, and the amendment does not change that. According to David Cohen, a law professor at Drexel University, this is a straightforward matter: "Abuse is illegal, so abusing someone is illegal under Ohio law." Some evidence suggests that individuals may seek abortions due to abusive relationships, further reinforcing the need for clarity in the amendment.
Dispelling Claims of Infanticide
A conservative Christian legal group, the Alliance Defending Freedom, raised concerns that the amendment could open the door to infanticide by preventing government officials from intervening in reproductive decisions. They questioned whether exercising this right could involve harming or neglecting a living child.
Legal experts unanimously debunked this claim, highlighting that infanticide is already illegal in the United States. The amendment does not alter this fundamental legal principle. According to David Cohen, the assertion that the amendment might allow neglect or abandonment of newborns is "pure nonsense."
The Broad Scope of Reproductive Decisions
Opponents of the abortion amendment have expressed concerns about the broad language used to protect "reproductive" decisions, suggesting it could encompass gender-related health care. They argue that anything affecting the human reproductive system could fall under the umbrella of a "reproductive decision."
Supporters, however, contend that the amendment's ballot language specifically mentions reproductive decisions "including but not limited to" contraception, fertility treatment, continuing one's pregnancy, miscarriage care, and abortion. Independent legal experts find it a stretch to equate this with gender-related health care, particularly since no other states have attempted such an interpretation.
Tracy Thomas, a law professor at the University of Akron, highlights that the term "decision" in this context primarily pertains to the choice of reproduction itself. She underscores, "A reproductive decision to me is a decision to reproduce or not to reproduce."
Parental Consent Remains Unaltered
An essential aspect of the debate surrounds whether the amendment would impact Ohio's existing parental notification and consent law. This law requires minors to obtain parental permission or seek a judicial exception for abortions.
Issue 1 does not change this law, but opponents suggest it could be challenged in court, potentially leading to its unconstitutionality. Critics base their argument on the use of the term "individual" in the amendment, which they claim applies to any gender and both adults and children.
However, similar arguments concerning parental consent were made in Michigan before its vote to codify abortion rights, but these concerns did not materialize. Legal experts emphasize that overturning Ohio's parental consent law would require a court challenge and a ruling by the state Supreme Court, which currently has a conservative majority.
In conclusion, as Ohio prepares for this critical vote on abortion rights, it's essential to sift through the misinformation and base decisions on accurate information and legal analysis.
