Ohio Republican lawmakers are set to introduce a controversial bill that directly challenges the state's reproductive rights amendment passed less than two years ago. The proposed "Ohio Prenatal Equal Protection Act," aimed to be filed on Wednesday, seeks to ban most abortions and treat the procedure as homicide, with no exceptions for rape or incest. If the bill becomes law, embryos and fetuses will be granted the same legal rights as citizens from the moment of fertilization.
FOX19 NOW obtained a copy of the bill, which outlines that the only exceptions would be in cases of a spontaneous miscarriage or actions taken urgently to save the life of the pregnant woman. The proposed law would also criminalize those actively seeking to have abortions, as well as medical providers involved in performing them. Meanwhile, according to a FOX19 NOW report, criminalization could also extend to other medical procedures, potentially impacting IVF treatments and certain forms of contraception. The "Ohio Prenatal Equal Protection Act" contradicts a constitutional amendment approved by Ohio voters, which enshrines the right to reproductive medical treatments.
Approximately 56% of voters backed the constitutional amendment in the fall of 2023, safeguarding the right to decide on abortions, contraception, fertility treatment, and pregnancy-related care. In spite of this, End Abortion Ohio, a nonprofit supporting the lawmakers, claims that the amendment should be deemed null as it supposedly infringes on the 14th Amendment rights by denying preborn persons the right to life. "All men are created equal, being made in the image of God," the organization's news release states, as obtained by NBC4i. "We must obey God rather than men, and we call upon our governing authorities to follow in that obedience."
Critics, including Dan Kobil, a professor at Capital University Law School, question the legality of such a bill. In commentary provided to NBC4i, Kobil suggests that "any rational court" would likely find the bill unconstitutional. He notes that Ohio legislators "are bound by the Ohio constitution and cannot enact laws that are contrary to the Ohio constitution." He goes on to assert that although federal laws can override state constitutions, Ohio lawmakers do not possess the authority to overrule the state constitution through state law. Further complicating the lawmakers' efforts is the advocate group Abortion Forward, which has denounced the bill for clashing with the voters' decision and risks stripping Ohioans of their healthcare autonomy, as per statements Executive Director Kellie Copeland shared with NBC4i.
Amidst the anticipated backlash, the proposal has garnered support from certain anti-abortion advocates. Austin Beigel of End Abortion Ohio told News 5 Cleveland, "All it does is simply identify the preborn human being as a person under the law." The unfolding battle in Ohio reveals the deep divisions and contentious debates poised to emerge as the proposed legislation attempts to circumnavigate established constitutional rights.
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