What was Issue 1 in November is now officially an amendment to Ohio's constitution beginning Dec. 7.
Around 57% of Ohioans voted in favor of Issue 1 in the last election, choosing to enshrine choices on abortion, contraception, fertility treatment, miscarriage care and continuing a pregnancy.
The amendment prohibits the state from interfering or penalizing an individual's voluntary exercise of this right or any person or entity that helps in utilizing this right.
In addition, it also listed other rights that will now be cemented into the state constitution, including miscarriage care, fertility treatments, contraception, and the right to continue one’s own pregnancy. While the use of contraception is not illegal in Ohio, and though it’s commonly called “birth control,” the medications are also used for other conditions like ovarian cysts, polycystic ovary syndrome and endometriosis symptoms.
The amendment text said lawmakers can restrict abortions after fetal viability, or when a doctor determines "the fetus has a significant likelihood of survival outside the uterus."
Parental consent isn't mentioned in the amendment and current Ohio laws regarding that will still be on the books.
Still, how and when the impact of the constitutional amendment that was Issue 1 will be felt is still unclear, even as it goes into effect. Passing legislation to bring Ohio law in line with the new constitutional amendment has so far been a non-starter with Republican lawmakers, who mostly opposed it and took extraordinary steps to defeat it.
Despite their decisive loss, Statehouse Republicans and anti-abortion groups have tried multiple times to stop Issue 1, including through a special August election where the only issue on the ballot sought to raise the majority threshold for passing constitutional amendments from a simple majority to 60%.
Just weeks after Issue 1 was passed by Ohio voters, several Republican representatives, including Jennifer Gross, who represents West Chester, still sought to rob it of any power. Instead of having judges and justices do their job by evaluating abortion issues, the lawmakers wanted to strip them of their duties due to perceived “mischief by pro-abortion courts," they said in a news release published on the website for Ohio House Republicans.
For now, Republican Ohio House Speaker Jason Stephens has said legislation targeting the power of state courts will not be considered. GOP Senate President Matt Huffman has ruled out lawmakers pushing for an immediate repeal of Issue 1, as had once been suggested, saying nothing like that should be tried, at least in 2024.
"The Ohio legislature alone will consider what, if any, modifications to make to existing laws based on public hearings and input from legal experts on both sides," the press release said.
Then, Ohio Senators toyed with the idea of creating limits to the amendment voters passed. Senate President Matt Huffman (R-Lima) told WCPO's sister station, WEWS, he was considering a 15-week abortion ban to cap the amendment.
"I don't know... I think it's a discussion that is in the future," the Huffman responded when asked if that ban would go against the will of the people.
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