Ohio secretary of state faces lawsuit by anti-abortion advocates over abortion amendment.
Anti-Abortion Advocates in Ohio File Lawsuit to Invalidate Proposed Constitutional Amendment
On Friday, anti-abortion advocates in Ohio took legal action against Secretary of State Frank LaRose and others in an effort to nullify a proposed constitutional amendment that would enshrine abortion rights. The lawsuit was filed just three days after LaRose certified that the supporters of the amendment had gathered enough signatures to secure a spot on the November election ballot.
The lawsuit argues that the language of the amendment is too broad and fails to clearly specify which existing state laws would be repealed if it were to pass.
Cincinnati attorney Curt Hartman, representing former GOP legislative candidate Jennifer Giroux and former state GOP Rep. Tom Brinkman, filed the lawsuit. In the document, Hartman highlights that the amendment would eliminate Ohio’s “heartbeat bill,” which prohibits abortion after the detection of cardiac activity. It would also remove the prohibition on abortion due to Down syndrome, parental consent protections, and safety regulations for abortion clinics.
According to Ohio law, any constitutional amendment proposed through a ballot initiative must include the text of the statutes or constitutional provisions that would be amended or repealed if the proposed law is adopted.
Janet Morana, executive director of Priests for Life, expressed concerns about the potential impact of the amendment. She stated that Ohio has been an anti-abortion state since before the landmark Roe v. Wade decision was overturned in June 2022, granting states authority over abortion regulations. Morana believes that anti-abortion advocates view the amendment process as an opportunity to overturn legislative restrictions on the controversial procedure.
“This ballot initiative in Ohio will wipe away every abortion law that protects babies and women in Ohio,” said Janet Morana of Priests for Life. “It goes away automatically.”
The amendment, originally drafted by the American Civil Liberties Union (ACLU), aims to prevent any state actions that burden, penalize, prohibit, interfere with, or discriminate against individuals seeking reproductive health decisions. These decisions include abortion, contraception, and the choice to continue or terminate a pregnancy.
While the state legislature can currently restrict abortion after fetal viability (typically around 22 weeks’ gestation), the amendment grants the patient’s physician the final say on whether continuing the pregnancy, regardless of gestational age, would negatively impact the mother’s health.
One of the key concerns raised by anti-abortion advocates is that the amendment would eliminate parental consent requirements. Janet Morana provided a thought experiment to illustrate this issue, asking parents to imagine their 13-year-old daughter getting pregnant while in high school. Under the new law, a school representative would be able to take the daughter for an abortion without the parents’ knowledge, despite the fact that parental consent is typically required for even minor medical decisions.
The ACLU states on its website that while the majority of teenagers who choose to have an abortion do inform at least one parent, 22% of those who do not inform anyone fear being kicked out of their homes, and 8% worry about facing physical abuse from their parents due to their decision.
Although LaRose validated the signatures to include the amendment on the November ballot, he has been a vocal opponent of the provision throughout his campaign for U.S. senator.
During his campaign, LaRose has urged Ohioans to participate in the August 8 special election and vote to increase the required vote allotment to a 60% majority in order to pass a constitutional amendment through a ballot initiative.
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