Ohio GOP Lawmakers Propose Bill to Criminalize Abortion: A Controversial Challenge to State Constitutional Rights

Republican lawmakers in Ohio are making headlines with their latest legislative effort aimed at banning abortions entirely and criminalizing the procedure. This move directly contradicts a recent amendment in Ohio’s constitution that guarantees access to abortion services.

The Ohio Prenatal Equal Protection Act

On Wednesday, state representatives Levi Dean and Jonathan Newman introduced the “Ohio Prenatal Equal Protection Act,” which seeks to trigger legal challenges by aligning state law with interpretations of the U.S. Constitution. If enacted, the bill would classify abortion as a criminal act, where both the woman seeking the procedure and the provider could face homicide charges.

Key Provisions of the Bill

• Criminalization of Abortion: The bill categorizes abortion as a criminal act.
• Charges: Both the woman undergoing the procedure and the performing physician could be charged with homicide.
• Exceptions: Life-threatening emergencies are exempt from prosecution, and miscarriages would not be subject to the bill’s provisions.

A Direct Challenge to Voter Will

This proposed legislation stands in stark opposition to a 2023 amendment to Ohio’s constitution, which secured the right to abortion. A current legal case in Franklin County has put a 24-hour waiting period on hold, with further litigation ongoing.

In the same vein, Republican representative Josh Williams has proposed a new bill intended to establish a 24-hour waiting period before an abortion can be performed.

Voices from the Movement

Austin Beigel, the president of End Abortion Ohio, shared insights with the Columbus Dispatch, asserting that the intent behind this recent bill is to prompt judicial scrutiny of the 2023 amendment. “We hope this bill will change the culture of the Republican Party in Ohio, which I think has been afraid to speak truly and openly about abortion,” Beigel stated.

Legal and Ethical Implications

Supporters of the bill argue that the state’s amendment infringes upon the Equal Protection Clause of the U.S. Constitution, claiming that unborn children deserve equal protection under the law.

The Foundation to Abolish Abortion, a group backing the bill, challenged comments made by Mike Gonidakis, president of Ohio Right to Life, who questioned the effectiveness of this legislative approach. The foundation countered, stating, “The equal protection clause of the Fourteenth Amendment… reads that no state can ‘deny to any person within its jurisdiction the equal protection of the laws.’”

Counterarguments

• Mike Gonidakis expressed skepticism, stating, “It’s a strategy that won’t be successful at the legislative level, and it’s a strategy that won’t be successful at the judicial level.”
• On social media platform X, Foundation to Abolish Abortion rebutted Gonidakis’s position, criticizing his lack of actionable policies to end "the slaughter of preborn children."

A Potential Legal Battle

The ACLU of Ohio, led by their legal director Freda Levenson, has voiced strong opposition to the proposed bill. Levenson remarked, “This bill is a brazen attempt to violate the Constitution and is a brazen affront to Ohioans’ decision that they expressed overwhelmingly at the polls only recently.”

Conclusion

As Ohio lawmakers push forward with this controversial bill, the state is poised for a heated legal and political battle over abortion rights. Activists, legal experts, and voters alike will be closely watching how this situation unfolds, particularly regarding its implications for women’s rights and legislative authority in the state.

For ongoing updates and deeper insights into this evolving issue, explore more about abortion legislation and constitutional rights or follow local news outlets for the latest developments.