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U.S. Elections

Questions surround Ohio abortion amendment as voters head to the polls

Nov 07, 2023

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What is the most important issue behind the economy for voters? According to a New York Times poll, it’s abortion. While the presidential election might be a year away, abortion is on the ballot Tuesday, Nov. 7 in Ohio.

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The ballot measure Issue 1 would change the state constitution to enshrine abortion rights if voters pass the amendment. Ohio is the only state with abortion on the ballot in this election cycle. According to a new ABC poll, 75% of Americans say abortion is an important issue.

Advocates and opponents of Issue 1 are stating two sets of answers to these key questions: Will the amendment allow abortions up to birth? Will it allow minors to get an abortion without parental consent?

Here’s the exact language of the law. The proposed amendment would “only allow the state to prohibit an abortion after an unborn child is determined by a pregnant woman’s physician to be viable.” It goes on to include an exception for the mother’s health. “Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician’s determination, the abortion is necessary to protect the pregnant woman’s life or health.”

This language has been interpreted in two ways. Advocates say abortions will be legal up until viability, which they define as around 23 to 24 weeks. Those against the measure say no number of weeks is stated in the amendment. The law leaves it up to physicians to determine viability.

Ohio Gov. Mike DeWine (R) stands opposed to Issue 1.

“If you look at Issue 1 — it’s a radical proposal, and whether you’re pro-choice or pro-life, it just goes much, much too far,” DeWine said. “There is a wide exception written into this law, which talks about the health of the mother. The Supreme Court, the United States has defined this extremely broadly; [it] can mean health, can mean something having to do with her income, it can have something to do with how many children she has, and again, it is the person performing the abortion in the clinic who’s going to make that determination, and there’s no review of it.”

Another point of contention is whether the proposal will allow minors to get an abortion without their parents knowing. Abortion advocates point to no language written in the amendment about minors. Opponents say the language used is open to interpretation to include minors.

The proposed amendment would “establish in the constitution an individual right to one’s own reproductive medical treatment, including but not limited to abortion.”

After Roe v. Wade was overturned, Ohio’s six-week abortion ban went into effect briefly before being blocked by state courts. Current law allows abortions up to 22 weeks of pregnancy. It does not have exceptions for rape or incest, but it does have a health exception for the mother.

More than $40 million worth of advertising has poured into the Ohio abortion ballot measure. The Vote Yes campaign has outspent its opponents three to one. Past polling of Ohioans signaled support for abortion rights. Ohio Northern University released a poll last week that revealed 65% of voters in the state believe abortion should be legal in most cases.

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WHAT IS THE MOST IMPORTANT ISSUE BEHIND THE ECONOMY FOR VOTERS?
ACCORDING TO A NEW YORK TIMES POLL – IT’S ABORTION.
AND ACCORDING TO A NEW ABC POLL – 75% OF AMERICANS SAY ABORTION IS AN IMPORTANT ISSUE.
WHILE THE PRESIDENTIAL ELECTION MIGHT BE A YEAR AWAY –
ABORTION IS ON THE BALLOT TUESDAY IN OHIO.
AND IT’S BEEN A CONTROVERSIAL – AND **COSTLY – MEASURE.
THE BALLOT MEASURE – “ISSUE ONE” – WILL CHANGE THE STATE CONSTITUTION TO ENSHRINE ABORTION RIGHTS IF VOTERS SAY “YES” TO PASS THE AMENDMENT.
THIS ELECTION CYCLE –
IT’S ONLY IN OHIO WHERE ABORTION IS ON THE BALLOT.
AND THE LANGUAGE OF THE AMENDMENT –
HAS MANY VOTERS CONFUSED.
ADVOCATES AND OPPONENTS OF “ISSUE ONE” – ARE STATING TWO DIFFERENT SETS OF ANSWERS TO THESE KEY QUESTIONS.

WILL THE AMENDMENT ALLOW ABORTIONS UP TO BIRTH?
AND WILL IT ALLOW MINORS TO GET AN ABORTION WITHOUT PARENTAL CONSENT?
FIRST – WILL ABORTIONS BE LEGAL UP TO BIRTH IF THE AMENDMENT PASSES?
HERE’S THE EXACT LANGUAGE OF THE LAW.
THE PROPOSED AMENDMENT WOULD “ONLY ALLOW THE STATE TO PROHIBIT AN ABORTION AFTER AN UNBORN CHILD IS DETERMINED BY A PREGNANT WOMAN’S PHYSICIAN TO BE VIABLE…

ALWAYS ALLOW AN UNBORN CHILD TO BE ABORTED AT ANY STAGE OF PREGNANCY, REGARDLESS OF VIABILITY IF, IN THE TREATING PHYSICIAN’S DETERMINATION, THE ABORTION IS NECESSARY TO PROTECT THE PREGNANT WOMAN’S LIFE OR HEALTH.”
THIS HAS BEEN INTERPRETED IN TWO WAYS.
ADVOCATES SAY ABORTIONS WILL BE LEGAL UP UNTIL VIABILITY –
WHICH THEY DEFINE AS AROUND 23 TO 24 WEEKS.
THOSE AGAINST THE MEASURE –
SAY THERE IS NO NUMBER OF WEEKS STATED IN THE AMENDMENT –
WHICH IS TRUE.
THE LAW LEAVES IT UP TO PHYSICIANS TO DETERMINE VIABILITY.
THE LAW ALSO HAS A CLAUSE THAT ALLOWS ABORTIONS UP TO BIRTH – IF THE PREGNANCY THREATENS A MOTHER’S HEALTH.
THE OHIO GOVERNOR IS **AGAINST THE PROPOSAL.
AND SPOKE TO “FOX NEWS SUNDAY” ABOUT HOW HE THINKS THIS LEAVES TOO MUCH DISCRETION TO A PHYSICIAN.

Shannon Bream:
“CRITICS WILL ARGUE THAT WHAT YOU’RE SAYING IS ITS NOT TRUE THAT ITS UP UNTIL THE MOMENT OF BIRTH. YOUR RESPONSE?”

Gov. Mike DeWine:
“THAT IS ABSOLUTELY NOT TRUE. CONSTITUTIONAL SCHOLARS WHO HAVE LOOKED AT THAT CERTAINLY HAVE A DIFFERENT OPINION. FIRST OF ALL, THE VIABILITY QUESTION WILL BE DETERMINED BY THE PERSON PERFORMING THE ABORTION, AT THE PLANNED PARENTHOOD OR WHEREVER ITS BEING DONE. SECOND, THERE IS A WIDE WIDE EXCEPTION TO THIS LAW WHICH TALKS ABOUT THE HEALTH OF THE MOTHER…. AGAIN, IT IS THE PERSON PERFORMING THE ABORTION IN THAT CLINIC WHO IS GOING TO MAKE THAT DETERMINATION AND THERE IS NO REVIEW OF IT.”

ANOTHER POINT OF CONTENTION.
IS WHETHER THE PROPOSAL WILL ALLOW MINORS TO GET AN ABORTION WITHOUT THEIR PARENTS KNOWING.
ABORTION ADVOCATES POINT TO **NO LANGUAGE WRITTEN IN THE AMENDMENT ABOUT MINORS.
OPPONENTS SAY THE LANGUAGE USED IN THIS PARAGRAPH IS OPEN TO INTERPRETATION TO **INCLUDE MINORS.
THE PROPOSED AMENDMENT WOULD QUOTE “ESTABLISH IN THE CONSTITUTION AN INDIVIDUAL RIGHT TO ONE’S OWN REPRODUCTIVE MEDICAL TREATMENT, INCLUDING BUT NOT LIMITED TO ABORTION.”
THE TWO SIDES WERE EXPLAINED IN AN “ISSUE ONE FORUM.”
TAKE A LISTEN.

Mehek Cooke – Political Strategist
“IF THIS WAS TRULY ABOUT ABORTION, THEY WOULD HAVE USED THE WORD WOMAN INSTEAD OF INDIVIDUAL. THEY WOULD HAVE STATED THERE WAS AN AGE LIMIT TO PERFORM AN ABORTION, THEY DON’T DO THAT, THEY ARE TAKING AWAY PARENTAL CONSENT AND NOTIFICATION.”

Desiree Tims – President & CEO of Innovation Ohio
“THERE IS SO MANY CONFUSED VOTERS OUT THERE BECAUSE OF THE MISINFORMATION BY THE NO CAMPAIGN. THE LEGAL MEMO IS CLEAR, THERE ISN’T ANY LANGUAGE THAT INCLUDES ANYTHING ABOUT CHILDREN, IN FACT, CHILDREN WILL STILL HAVE TO RECEIVE PARENTAL CONSENT FOR ANY MEDICAL PROCEDURE.”

ONE POINT OF MISINFORMATION SEEN ACROSS A HEAVILY PAID CAMPAIGN –
IS THAT THE NEW AMENDMENT WILL OFFER EXCEPTIONS FOR A MOTHER’S HEALTH – CLAIMING CURRENT LAW DOES NOT.
BUT THAT’S NOT TRUE –
EVEN THOUGH ITS BEING USED IN CAMPAIGN ADS.

“IT MAKES ME ANGRY THAT THEY DON’T HAVE EXCEPTIONS FOR THINGS LIKE RAPE OR THE HEALTH OF A MOTHER. IT’S INSANE. THAT’S WHY I’M VOTING YES ON ONE. TO STOP THE GOVERNMENT FROM PASSING THESE EXTREME ABORTION BANS.”

AFTER ROE VERSUS WADE WAS OVERTURNED –
OHIO’S SIX-WEEK ABORTION BAN WENT INTO EFFECT BRIEFLY BEFORE BEING BLOCKED BY STATE COURTS.
CURRENT LAW ALLOWS ABORTIONS UP TO 22 WEEKS OF PREGNANCY.
IT DOES **NOT HAVE EXCEPTIONS FOR RAPE OR INCEST.
BUT IT DOES HAVE A HEALTH EXCEPTION FOR THE MOTHER.
LITTLE SNIPPETS OF CAMPAIGN ADS LIKE THE ONE YOU JUST SAW ARE ALL OVER OHIO TV AND PHONE SCREENS.
MORE THAN 40 MILLION DOLLARS WORTH OF ADVERTISING HAS POURED INTO THE OHIO ABORTION BALLOT MEASURE.
WITH THE “VOTE YES TO ISSUE ONE” CAMPAIGN OUT FUNDRAISING THEIR OPPONENTS THREE TO ONE.
PAST POLLING OF OHIOANS SIGNAL SUPPORT FOR ABORTION RIGHTS.
THE OHIO NORTHERN UNIVERSITY RELEASED A POLL LAST WEEK THAT REVEALED 65% OF VOTERS IN THE STATE BELIEVE ABORTION SHOULD BE LEGAL IN MOST CASES.
WILL THE TREND OF STATES ENSHRINING ABORTION RIGHTS CONTINUE?
OR WILL VOTERS DECIDE THIS MEASURE GOES TOO FAR.
ALL EYES ARE ON OHIO.