Ohio divided: A closer look at Issue 1 and state abortion laws

On Nov. 7, Ohioans will head to polls to vote on Issue 1, which will decide whether or not to enshrine abortion rights into Ohio’s Constitution.

Just hours after the Supreme Court overturned Roe v. Wade, a judge in Ohio allowed the “heartbeat” abortion ban to take effect, effectively banning abortion around six weeks around the time a fetal heartbeat is heard. Many women do not know they are pregnant at this pregnancy stage. 

Three months later, a Cincinnati judge put a temporary hold on the six-week ban, making abortion temporarily legal up until 21 weeks and 6 days of pregnancy. 

If Issue 1 fails to pass, Ohio will likely see a six-week ban take place.

“A six-week ban is certainly the short-term goal of anti-abortion groups in Ohio, and that is what they will work toward. The ultimate goal, of course, is a complete ban. But make no mistake, that's the goal.” said Daniel Skinner, a health policy professor at Ohio University’s Heritage College of Osteopathic Medicine.

Skinner has discussed abortion policy in his book Medical Necessity: Health Care Access and the Politics of Decision Making, which according to Skinner, “is fairly outdated because of the Dobbs decision which changed the game.”  Skinner hosts a weekly podcast with Central Ohio NPR called Prognosis Ohio, where he discusses health care in Ohio.

“From a perspective of physician autonomy, physician professionalism and the physician-patient relationship, if Issue 1 passes, there will be a collective sigh of relief,” Skinner said. “So many of the anti-abortion laws, including the ones written here in Ohio, don't allow them to do their job on a basic level, don't allow them to serve their patients. But beyond that stance, even criminalizes physician involvement with reproductive health services.”

According to the official ballot language, the measure will “create legal protections for any person or entity that assists a person with receiving reproductive medical treatment, including but not limited to abortion.” 

Graphic by Henry Jost

After the overturning of Roe v. Wade, a group of doctors formed the Ohio Physicians for Reproductive Rights (OPRR). OPRR helped collect 710,000 signatures from every Ohio county, effectively placing the measure on the ballot.

Abortion has proven to be a galvanizing issue for voters across the country. In California, Michigan, Vermont, and even deep red states like Kentucky, Montana, and Kansas, voters have supported abortion access measures.

“I think people definitely realize what's at stake with the election,” says President of Ohio U Democrats Julianna Rittenberg and former opinion writer for the New Political. 

Ohio U Democrats have spent the past few months registering voters and making sure everyone on campus is aware of the upcoming election. “Our goal has just been to make sure that people realize what's on the ballot and the importance of it,” Rittenberg said. 

TV ads in support and against Issue 1 have dominated Ohio’s airways in recent weeks. An ad featuring Governor Mike Dewine and First Lady Fran DeWine debuted on the first day of early voting back on Oct. 10, where the governor tells voters to vote NO on Issue 1. "It would allow abortion at any point in the pregnancy," DeWine said. 

Graphic by Claire Del Vita

“If you look at who seeks abortions, the vast majority are within the first trimester,” said Skinner. “The only abortions you will find later in term are results of pregnancy complications. In other words, these are medical emergencies.” 

According to the official ballot language, the measure will “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 of health.”

Olivia Kaiser, the standing University Life Commissioner on Student Senate, is the Vice President, co-founder, and Campus Coordinator of Bobcats for Life, a pro-life organization at Ohio U.

“This election is a turning point for Ohio, for amending Issue 1 into the Constitution will give us some of the most relaxed abortion laws in the country. The safety of women, the pre-born, and children could be jeopardized under Issue 1,” Kaiser said.

In the leadup to the election, Bobcats for Life has spent the past months out tabling and making ensuring voters understand the issue's importance of this election. At the beginning of the semester, the group hosted a Students for Life campus tour.

This election has incited passionate conversations among students on both sides of the issue.

“The campus reaction is particularly negative, but we are confident that the negative reactions are only because people have pre-conceived notions about us that we constantly work to change through kindness and compassion,” Kaiser said. We are completely aware of the heat of the abortion issue, and we are willing to go through the fire to protect the most vulnerable members of our society, the unborn and people experiencing unplanned pregnancies.”

Regardless of the election day outcome, Bobcat’s for Life remains steadfast in their commitment to protecting the unborn.

“Even if Issue 1 does pass, my group and I will not be discouraged. We will continue to fight to change people’s minds on the morality of abortion, for policy does not change hearts, only open and honest conversation does.” Kaiser said.

In August, Ohio voters overwhelmingly rejected another Issue 1. The ballot measure would have raised the threshold to pass a constitutional amendment from 50.01% to 60%. The August special election was viewed by many as a way to make sure the abortion measure did not pass ahead of the November election. 

These claims about August’s Issue 1 were substantiated by Ohio’s Secretary of State Frank LaRose, when he said at a fundraiser that it was 100% about keeping a radical pro-abortion amendment out of our constitution,” despite denying the reports in public.

Yard signs that read “Protect Children” and “Protect Parental Rights” have become the face of the anti-Issue 1 campaign. The signs also share a similar look to yard signs encouraging voters to vote against August’s issue 1.

Protect Women Ohio, a pro-life group formed to campaign against the abortion measure, has spent millions on TV ads in the lead-up to the election. Despite “parental rights” not appearing on the Issue 1 ballot, opponents have argued that these rights could be at risk of being taken away.

“The word “individual” does not specify a minor or adult. Minors could obtain abortions without their parents knowing, and this obliterates parental rights regarding medical care. Children cannot receive Tylenol from their school without parental consent, but Issue 1 would allow them to receive abortions without their parents knowing,” Kaiser said.

Supporters of Issue 1 disagree and have argued that connecting parental rights to Issue 1 is a tactic to mislead voters.

“There's a lot of concern that anti-abortion legislation will be used to go farther and stop gender-confirming health care. And for me, that's immediately what I think of when I hear parental rights. So I have concerns about it in that way,” Rittenberg said. “But I do think it's just meant to be misleading for parents.”

There are only eight abortion clinics in Ohio, located in Cincinnati, Toledo, Dayton, Akron, and Cleveland. While some branches of Planned Parenthood offer abortion services, many in Ohio do not, including the Planned Parenthood in Athens.

In the state of Ohio, the issue of abortion remains a political battleground. The election will be held on Tuesday, Nov. 7.