(THE CENTER SQUARE) –Two bills in the Ohio General Assembly would ban abortion in the state following Friday’s U.S. Supreme Court decision that overturned Roe v. Wade, the 1973 decision that prevented states from banning abortion.
The court ruled 5-4 that there is no Constitutional right to an abortion and that it is therefore up to each state to decide how to handle the issue.
"The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives," a syllabus of the ruling reads.
Ohio Senate President Matt Huffman, R-Lima, celebrated the ruling.
"Today, the U.S. Supreme Court ruled in favor of life and liberty. Our members have consistently defended the lives of babies yet to be born. We will continue to do so, as we evaluate what additional resources pregnancy centers and young families may need,” Huffman said. “I look forward to reviewing the specific details in the opinion, so that as we move forward, any legislation we pass in the Ohio Senate follows the guidance of the court, protecting life, and upholding the Constitution. Today, we celebrate a long overdue turning point in our nation's history."
Ohio Democrats raised concerns over potential state legislation.
“I am extremely concerned about what this ruling means for women, especially in Ohio where Statehouse Republicans have prioritized banning abortion, punishing women and throwing doctors in jail. Criminalizing health care will only put peoples’ lives in danger,” said House Minority Leader Allison Russo, D-Upper Arlington. “As Americans, we know people should have the fundamental freedom to make decisions about their bodies and health care. We have spent more than 50 years fighting for this right, and despite this setback, we won’t give up now. Democrats will continue protecting women’s freedom to access the health care they need, including abortion.”
Ohio House Bill 598 and Senate Bill 123 would serve as “trigger bans,” according to House sponsor Rep. Jean Schmidt, R-Loveland, that would make it a crime for someone to purposely cause or induce an abortion by an instrument or drug.
SB123 has had two hearings last fall in the Senate Health Committee, and HB598 has had three hearings in the Ohio House Government Oversight Committee, the most recent coming in May when Schmidt came under fire for her comments about rape.
The bills contain no exception for rape and incest, and during committee testimony Schmidt said rape victims have an opportunity if they become pregnant.
“It is a shame that it happens, but there’s an opportunity for that woman, no matter how young or old she is, to make a determination about what she’s going to do to help that life be a productive human being,” Schmidt testified.
House Speaker Bob Cupp, R-Lima, said the House Republicans will be working with Gov. Mike DeWine and Senate Republicans on the legislation moving forward.
“Today’s ruling is welcome news for all who believe in the sanctity of innocent human life, as I do. The process of reviewing the decision is underway, including what steps should be taken at the state level and the timeline for doing so,” Cupp said. “We will be working closely with Governor DeWine, Attorney General Dave Yost and our colleagues in the Ohio Senate on this matter."
Ohio Democrats have also introduced House Joint Resolution 5, which proposes a constitutional amendment that would ensure Ohioans can make decisions about their health care, including the ability to have surgical and medical abortion services. It would systemize the right to access and use contraceptive devices and medications.
The high court called the Roe v. Wade ruling "egregiously wrong."
Ohio Attorney General Dave Yost agreed, saying the 1973 decision was poorly reasoned.
“This decision returns abortion policy to the place it has always belonged: to the elected policy branches of government. Roe was poorly reasoned, a doctrine of shifting sands that invited perpetual litigation,” Yost said. “We will continue to debate this issue. But passion is not a license to violence. I call again on my federal colleague, Attorney General Merrick Garland, and my fellow states’ attorneys general to publicly commit to holding violent protesters accountable under the law, no matter which side they are on.”
Currently in Ohio, abortions are banned after 20 weeks except for if the mother’s life or serious injury is threatened. In 2019, DeWine signed a bill that would ban abortion after six weeks, but that law was blocked by a federal judge.
