COLUMBUS, Ohio (WCMH) – On Nov. 7, voters passed Issue 1, which enshrines abortion rights in Ohio’s constitution. This means next Thursday, in one more week, abortion is considered legal in Ohio prior to fetal viability.
For those on the “vote yes” side of Issue 1, next Thursday will be a happy day, they said.
“It really is a day to celebrate,” said Jaime Miracle, the Deputy Director for Pro-Choice Ohio.
But for those on the “vote no” side, they said it’s a fearful day.
“We’re very concerned about the long term impact,” said Aaron Baer, the President for the Center for Christian Virtue.
There is one thing that both sides do agree on: that is this fight may not be over.
“The bottom line right now on the heartbeat bill, [the] six week law, is that’s actually before the Supreme Court right now. And so the Supreme Court asked for the Attorney General and the other side to re-brief the case,” said Baer.
Capital University Law Professor, Dan Kobil, said the passing of Issue 1 doesn’t necessarily mean Ohio is going back to a world pre-overturning Roe v. Wade.
He said Ohio’s heartbeat law, or six week abortion ban, is still in front of the Ohio Supreme Court.
He said while that is technically not enforceable in one week, it will be up to the Ohio justices – which mostly swing right – to hear that case.
Miracle and other pro-choice advocates said they understand that people are still stacking up against them.
“It is really up to Attorney General Dave Yost. He can make this easy and say these are all the things that are now unconstitutional and not enforceable or he could make it hard and waste even more taxpayer dollars,” Miracle said. “We will know actually next Thursday where he stands, because both sides, the abortion clinics and Dave Yost had to file briefs with the Ohio Supreme Court on what issue one means for the six week abortion ban case.”
Issue 1 passing protects the right to an abortion before fetal viability, contraceptives and other reproductive rights. There are now nine abortion clinics open in the state.
Kobil said next week some doctors will now have peace of mind. He also said under Issue 1 – he does not believe the courts can enforce that six week ban.
But Kobil said that does not mean they will not try to find another way.
“I think that the intent of the amendment was to reinstate the world that existed prior to Roe being overturned. But I don’t think we will necessarily go back to precisely that same world, in part because of the supreme court of Ohio,” Kobil said. “We have a court that is not as amenable to following the voter’s constitutional amendment as the supreme court of the United States was at the time of Roe.”
Kobil said he thinks next week will be the start of what will be a very important election year for the Ohio Supreme Court.
“I think the other thing that this will do is make the races for the Ohio Supreme Court much more important because that there will likely be significant differences between the candidates on how likely they will be to faithfully interpret the reproductive freedom amendment,” Kobil said.
He said this happened in other states who passed similar issues.
“So I don’t think we have heard the last of this,” Kobil said.
Kobil said the United States Supreme Court overturning Roe v. Wade has created much uncertainty with this debate.