Ohio voters just passed abortion protections. Whether they take effect is now up to the courts

Ohio voters recently approved new constitutional protections related to abortion access and reproductive rights. These protections were set to take effect on December 7th following the resounding support they received from voters. However, the implementation of these protections now faces uncertainty due to ongoing lawsuits and political challenges.

The constitutional amendment affirmed an individual’s right to “make and carry out one’s own reproductive decisions” and passed with a strong 57% majority. Despite this, it did not repeal existing Ohio laws, leaving room for Republican officials and anti-abortion groups to resist, delay, or potentially weaken the amendment.

The control of both the state Legislature and the Ohio Supreme Court by Republicans adds complexity to the situation. Republican leaders in the state Legislature opposed the November ballot amendment, and the Ohio Supreme Court, which holds the final authority on constitutional matters, has a majority of Republican justices. Some of these justices have raised concerns about their objectivity regarding abortion rights.

In response to the potential piecemeal approach to implementing the amendment, minority Democrats in the Ohio House introduced legislation aimed at addressing various restrictions, including repealing the ban on most abortions after fetal cardiac activity is detected and a 24-hour waiting period.

It remains uncertain how the courts will interpret and apply the constitutional amendment, especially given the political dynamics at play. U.S. District Judge Michael Barrett and Chief Justice Sharon Kennedy have asked for input from parties involved in abortion-related cases following the amendment’s passage.

Republican lawmakers, under pressure from anti-abortion groups, face decisions on whether to counter the amendment with new laws or limit the courts’ power to interpret it. Some argue that Ohio’s Constitution recognizes the legislators’ role in reining in the courts, while others contend that the amendment aligns with the right to life and democratic processes.

As of now, Ohio’s Republican House Speaker, Jason Stephens, has ruled out legislation targeting the power of state courts, and GOP Senate President Matt Huffman has dismissed immediate repeal efforts, at least until 2024. The actions of Attorney General Dave Yost will also be closely monitored, as his pre-election analysis suggested potential legal challenges to existing Ohio laws under the new standard created by the amendment.

Overall, the fate of Ohio’s abortion protections remains uncertain, with legal and political battles likely to shape their implementation in the coming months.

Frequently Asked Questions (FAQs) about Abortion Protections

More about Abortion Protections

• Ohio Voters Enshrine Abortion Access in Constitution
• Ohio’s New Constitutional Amendment on Reproductive Rights
• Legal Analysis of Ohio’s Amendment
• Ohio’s Legislative Response to the Amendment