Issue 1 passed: now what?

By Lauren Frieson
December 14, 2023

What is Issue 1?

With the votes being 56.6%-43.4%; Ohio has passed Issue 1,  a controversial constitutional amendment made to protect individuals' reproductive rights. These rights include access to birth control, in vitro fertilization, deciding to continue or end a dangerous pregnancy, and miscarriage care.

The Right to Reproductive Freedom with Protections for Health and Safety, is the title of the amendment that protects any person that helps a patient receive reproductive care. It also stops Ohio from directly or indirectly banning abortions before viability, 22-24 weeks. Late term abortion is not accepted. 

A measure like this grants the patient's physician the authority to decide whether or not the fetus is viable, on a case-by-case basis. They define fetal viability in the amendment as, "the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures."

What are some Issue 1 misconceptions?

One misconception is that this amendment would limit parental rights. Resulting in parents being kept out of their child's decisions involving gender-affirming and reproductive care. But there is no mention of parental rights or gender-affirming care in Issue 1. It also says nothing about invalidating the longstanding Ohio law that requires parental consent for minors that choose to terminate a pregnancy, unless a judge rules that termination is in the best interest of the minor.

Another misconception is the proposal will cut limits on abortion, and offer "abortion-on-demand". Resulting in pregnancies being terminated due to sex, race, or disability at any point in the pregnancy. But Issue 1 says nothing about abortion-on-demand and even says late term abortions are not accepted, with a possible exception if the mother’s life is in danger.

What were Ohio’s abortion laws before?

Before Issue 1 was introduced it was legal to terminate a pregnancy unless the fetus shows signs of cardiac activity, but this law isn’t protected by the Ohio constitution. Your healthcare provider must determine whether or not the pregnancy is viable, if the pregnancy is viable you cannot get a termination unless it is dangerous to the health of the person pregnant. If the pregnancy is not viable you are able to terminate.

What happens next?

This issue took effect on Dec. 7, 2023, but it will not immediately stop Ohio’s prior abortion laws. It is set up to protect individuals from government interference in relation to their reproductive choices, but it still upholds limits on when termination is needed.

This election has been seen by multiple other states, causing their ballots to change and address similar issues.