Ohio residents will be voting on Tuesday on an amendment that would expand abortion rights and access in the state – something that the governor has branded a “radical proposal”.
On the ballot is Issue 1 which is a proposed amendment to Ohio’s Constitution that would enshrine the individual right to an abortion up until the point of viability, which is when a foetus can survive outside of a womb at around 23 or 24 weeks.
Many reproductive rights activists have fought long and hard to get the proposed amendment on the ballot, memorably generating record voter turnout in August to vote on whether or not to even take the matter to a vote.
But Ohio Governor Mike DeWine believes it is “a radical proposal” that “does not fit Ohio”.
“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 it would enshrine in our Constitution the right to have an abortion up until birth,” Mr DeWine claimed on Fox News on Sunday.
At its core, Issue 1 would enshrine a person’s right to their own reproductive medical treatment which includes abortion.
The amendment protects abortion access up until a physician determines the point of viability or if it is medically necessary to save a woman’s life or health after that point. It prohibits the state from enacting legislation that would restrict abortions before the point of viability.
The proposed amendment does not include language specifically determining when the foetus is viable – that determination would be up to the individual’s physician.
Mr DeWine and other anti-abortion advocates believe the proposed amendment is too broad.
The Ohio governor took an unpopular approach to abortion in 2019 when he signed into law a six-week abortion ban that made no exceptions in the case of rape or incest.
The law went into effect briefly after the Supreme Court overturned Roe v Wade last summer.
But it was temporarily blocked as it has faced challenges in the courts.
At the moment, the state allows abortions up until 21 weeks. But should Issue 1 fail, the six-week ban could be re-enacted.
A record number of voters participated in a referendum in August that would allow Issue 1 to appear on the ballot on Tuesday. For many reproductive activists, it gave a positive indication that a majority of the state’s residents are passionate about abortion access.
But Republicans in the state are working hard to spread misinformation about the proposed amendment by using divisive language.
Ohio Secretary of State Frank LaRose wrote a summary of the proposed amendment on the ballot to include exaggerated language like saying the amendment “would always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability”.
How Ohioans vote on Tuesday may give the rest of the nation a glimpse into how Americans are making political decisions based on abortion rights in a post-Roe US – as well as how effective anti-abortion campaigns may be.
So far, six other US states have voted to support measures that protect abortion access and rejected efforts that restrict access.
