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The Statehouse News Bureau provides educational, comprehensive coverage of legislation, elections, issues and other activities surrounding the Statehouse to Ohio's public radio and television stations.

Proposal For Strict Abortion Ban Faces Challenges In Ohio's Legislature

Abortion protesters at the Ohio Statehouse. [Jo Ingles / Statehouse News Bureau]
Abortion protesters at the Ohio Statehouse.

A new bill that would ban abortions in Ohio has been introduced by Statehouse Republicans.  A similar total ban bill was introduced last year didn’t pass. So why is this bill being introduced now? 

The president of the Right to Life Action Coalition of Ohio, Margie Christie, says this abortion billhas one goal.

“We’re tired of it being regulated. We want it ended," Christie said.

This new bill has a third of the House GOP caucus as co-sponsors. At 723 pages, it’s more than twice as long as a total ban introduced last year. It would create new criminal offenses of abortion murder and aggravated abortion murder, which could carry the death penalty. There would be no exceptions for rape or incest. And if a woman’s life is in danger, doctors would likely have to wait much longer to do the procedure.

Rep. John Becker (R-Cincinnati) [Ohio Legislature]

The bill also includes language proposed by Republican Rep. John Becker about moving an ectopic pregnancy into a women’s uterus. Medical experts say that’s not possible, but the bill would require the procedure, if it ever becomes viable.

Pro-choice advocates say this proposed ban isn’t based in fact and is dangerous.

“It really just shows how extreme abortion opponents are in this state," said Jaime Miracle with NARAL Pro-Choice Ohio. It could even make criminals out of women who use common forms of contraception that some consider abortifacients, she said.

“All of the birth control pills, injections, some IUDs — all of them can have a mechanism of stopping a fertilized egg from implanting in the uterus. Still birth control, but would be outlawed by this bill," Miracle said.

Jaime Miracle, deputy director, NARAL Pro-Choice Ohio [Statehouse News Bureau]

This bill endangers the lives of women and could lead to some being prosecuted for miscarriages, Miracle said.

“Because this bill creates personhood at the moment an egg is fertilized, anything that happens beyond that point can be criminalized as murder, up through aggravated murder, which carries a death penalty charge in this state," Miracle said. "So, what happens when an individual miscarries and ends up in the emergency room?  Is a doctor going to have to investigate? Did they do something to cause that miscarriage?"

Margie Christie, president, Right to Life Action Coalition [Margie Christie]

But Christie with the Right to Life Action Coalition said the bill is not meant to go after women who have miscarriages.

“If your intent was to kill the child, then you should be held criminally responsible. If your intent was something had gone wrong and there’s an issue with the mother and unfortunately something had to happen, that’s a whole different intent. If your intent is to kill that child then we believe you should be prosecuted and have consequences for that," Christie said.

Christie’s group is not affiliated with Ohio Right to Life, the state’s largest anti-abortion group.

Ohio Right to Life President Mike Gonidakis is reluctant to jump on board with this bill. When the total ban was proposed last year, Gonidakis said his group couldn’t support it because its legal integrity concerned him.

“If you’re not careful in crafting good pro-life legislation, you are ultimately going to lose and when you lose in the federal court system, it has ramifications," Gonidakis said.

Ohio Right to Life did not embrace the six-week abortion ban known as the Heartbeat Bill until after it was clear it was could pass and would be signed by Gov. Mike DeWine (R). It's never taken effect —  a federal court put that ban on hold in July.

Christie said she thinks the bill can pass without Ohio Right to Life’s support.

“We would hope they wouldn’t come out against it. We would hope that if they weren’t in support or had a reason not to support it, they would just keep to themselves. I mean this should not be a divisive issue for our pro-life community," Christie said.

For his part, DeWine won’t say whether he’d sign this total ban.

“I think we should stay focused on what the legislature has passed. The Heartbeat Bill, if that bill is going to be upheld, it will only be upheld in the U.S. Supreme Court. We knew that when it was passed. We knew that when I signed it. We should let that play out and see what the U.S. Supreme Court does in that case or a similar case," DeWine said.

DeWine says no recent restrictions on abortion that have passed can be implemented unless the nation’s high court modifies or scraps the landmark Roe v Wade decision.  

Copyright 2019 The Statehouse News Bureau. To see more, visit The Statehouse News Bureau.