November 2023 Ohio Issue 1

Last updated

Issue 1
Flag of Ohio.svg
November 7, 2023 (2023-11-07)
Right to Reproductive Freedom with Protections for Health and Safety [1]
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes2,227,38456.78%
Light brown x.svgNo1,695,48043.22%
Total votes3,922,864100.00%
November 2023 Ohio Issue 1 results map by county.svg
2023 Ohio Issue 1 results map by congressional district.svg
Yes:     50–60%     60–70%     70–80%     80–90%
No:     50–60%     60–70%     70–80%     80–90%

The 2023 Ohio reproductive rights initiative, [2] officially titled "The Right to Reproductive Freedom with Protections for Health and Safety" and listed on the ballot as Issue 1, [3] was a citizen-initiated constitutional amendment adopted on November 7, 2023, by a majority (56.8%) of voters. It codified reproductive rights in the Ohio Constitution, including contraception, fertility treatment, miscarriage care, and abortion up to the point of fetal viability, [a] restoring Roe v. Wade -era access to abortion in Ohio. [4]

Contents

In 2019, the state legislature passed a six-week ban on abortion in Ohio, without exceptions for rape or incest. [5] The statute became active after the Supreme Court of the United States held in Dobbs v. Jackson Women's Health Organization that the U.S. Constitution does not confer a right to abortion. While the ban was in place, multiple children fled the state seeking abortions after being raped. [6] One such case involved a ten-year-old girl from Columbus, Ohio, who traveled to Indiana (where abortion was legal at the time) for the procedure, generating national attention and becoming a central campaign issue. [6] A state court put the ban on hold while a challenge alleging it violated the Ohio Constitution was heard. [7] Several members of the "no" campaign had called for bans on forms of birth control that prevent the implantation of a fertilized egg and in vitro fertilization if the initiative failed. [8] [9]

The "yes" campaign drew support from Ohio medical organizations, [10] doctors, [10] economists, [11] trade unions, [12] editorial boards, [12] reproductive rights groups, [12] and several religious organizations. [13] They argued that a "yes" vote would further limited government, protect bodily autonomy and religious liberty, while preventing interference with patient-physician privacy. [9] The American College of Obstetricians and Gynecology, alongside other professional associations of doctors, campaigned in favor of Issue 1. [9] [14] In August 2023, former President Donald Trump, who appointed three of the Supreme Court justices who voted to overturn Roe v. Wade, condemned six-week abortion bans, including Ohio's, as going "too far" and a "terrible mistake". [15] [16] Religious groups were generally divided on the issue. [b] [13]

Ohio's Issue 1 was the first time since the Dobbs decision that voters of a red state [c] were asked whether to enshrine abortion protections in their state constitution. As such, the referendum's approval was widely interpreted as evidence for a national consensus in favor of broad abortion rights. [18] [19] Among those between 18 and 24 years old, an estimated 76% voted "yes" on Issue 1. [20] Some conservative political analysts and commentators called a continued alliance with the anti-abortion movement "untenable" and an "electoral disaster", and urged the party to adopt a more pro-choice stance on the issue. [21] Exit polling indicated that 61% of Ohioans agree that abortion should be legal in most or all cases, versus 37% who disagree. [22]

Text

Be it Resolved by the People of the State of Ohio that Article I of the Ohio Constitution is amended to add the following Section:

Article I, Section 22. The Right to Reproductive Freedom with Protections for Health and Safety

A. Every individual has a right to make and carry out one's own reproductive decisions, including but not limited to decisions on:

  1. contraception;
  2. fertility treatment;
  3. continuing one's own pregnancy;
  4. miscarriage care; and
  5. abortion

B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either:

  1. An individual's voluntary exercise of this right or
  2. A person or entity that assists an individual exercising this right

unless the State demonstrates that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care.

However, abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient's treating physician it is necessary to protect the pregnant patient's life or health.

C. As used in this Section:

  1. "Fetal viability" means "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. This is determined on a case-by-case basis."
  2. "State" includes any governmental entity and any political subdivision.

D. This Section is self-executing.

Background

The number of abortion clinics in Ohio has substantially decreased. Number of abortion clinics in Ohio by year.png
The number of abortion clinics in Ohio has substantially decreased.

Heartbeat bill

In April 2019, the Ohio legislature passed and Governor Mike DeWine signed a "heartbeat bill" that banned abortion after a fetal heartbeat can be detected, [5] which usually occurs about six weeks after conception, before many know they are pregnant. [23] The bill allowed exceptions for threats to the mother's life, but not for rape or incest. [5] The statute was blocked by a federal judge in July 2019, a week before going into effect. [24] It first became active three years later in July 2022, hours after the Supreme Court of the United States issued its decision in Dobbs v. Jackson Women's Health Organization . [23] The Supreme Court ruled that the U.S. Constitution does not confer a right to abortion, overturning Roe v. Wade and allowing states to impose unlimited restrictions on abortion access. [25] The statute was in effect for 82 days before a state court blocked it temporarily in September 2022, and ultimately blocked it indefinitely. [26] [27]

2022 Ohio child-rape and Indiana abortion case

While the six-week abortion ban was in place, multiple children fled the state for abortions after being raped. [6] The most notable case involved a ten-year-old girl from Columbus, Ohio, who traveled to Indiana on June 30, 2022, to get an abortion. Her case drew national attention and commentary from public figures, due in part to its proximity to the June 24, 2022, decision of the Supreme Court of the United States in Dobbs. [7] [28] [29] [30]

Her rapist was arrested by July 13. Before this arrest was made public, Ohio politicians who oppose legal abortion access called the story a hoax; Ohio Attorney General Dave Yost said, "Every day that goes by, the more likely that this is a fabrication." [31] After news of the arrest validated the Star's story, these sources did not apologize for claiming the story was a hoax. [32] Jim Bopp, the general counsel for the National Right to Life Committee, said in an interview that the child should have been legally forced to carry the pregnancy to full term and give birth, and that "She would have had the baby, and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child." [33] In September 2022, shortly after Ohio's six-week abortion ban went into effect, a woman made national news when she almost bled to death after an Ohio hospital refused to treat her miscarriage. [34]

National context

Since Roe v. Wade was overturned in 2022, voters supported the "pro-choice" side in state referendums along overwhelming and bipartisan margins. [9] [35] In November 2022, Ohio's neighbor Michigan held a similar referendum, called Proposal 3, which passed 57%–43%. [9] While Michigan is considered a swing state, [9] Ohio is socially conservative: [36] Donald Trump won the state by 8% over Joe Biden in the 2020 presidential election. [37] In other red states, voters rejected measures intending to restrict abortion, such as in the 2022 Kansas abortion referendum and 2022 Kentucky Amendment 2. [9] Because Ohio's Issue 1 asked voters whether to explicitly protect abortion, it was widely expected to be a bellwether for the national opinion on abortion rights. [36]

Ballot measure submission

On February 21, 2023, Ohioans for Reproductive Freedom, the group leading support for the initiative, filed the amendment's language with the office of Ohio Attorney General, Dave Yost, [38] who certified it on March 2. The proposed amendment was then sent to the Ohio Ballot Board, [39] which further certified it on March 13, permitting supporters to begin collecting signatures. [4] On July 5, supporters filed 709,786 signatures, nearly 300,000 more than the minimum number required. The Ohio Secretary of State, Frank LaRose, certified the petition on July 25, 2023, after certifying 495,938 valid signatures, more than the approximately 410,000 required. [40]

Attempt to change threshold

The Ohio Republican Party tried to increase the threshold required for referendum passage to 60%, in an attempt to thwart the proposed constitutional amendment. The threshold change was put to public vote in an August 8 special election, known as August 2023 Ohio Issue 1. Voters rejected the change 57%–43%, keeping the threshold for passage at a simple majority. [41] It was defeated by a nearly identical margin to November 2023 Ohio Issue 1 passing three months later. [42]

Rejected ballot challenge

On August 11, 2023, the Ohio Supreme Court unanimously rejected a lawsuit –filed by Republican former state Representative Tom Brinkman and 2022 Republican state representative candidate Jenn Giroux –that would keep the initiative off the ballot. [43] [44]

Campaign

The campaign for the initiative drew support from Ohio scientific and medical communities, [45] [46] economists, [11] trade unions, [12] editorial boards, [12] human rights, [12] and many religious organizations. They argued that the initiative would limit government, protect bodily autonomy and religious liberty, and prevent interference with personal medical decisions, including another situation similar to the aforementioned abortion case. [9] The American College of Obstetricians and Gynecologists, alongside other professional associations of physicians, campaigned for the citizen-initiated constitutional amendment. [9] According to legal historian Mary Ziegler, "The main force behind the ballot initiative was physicians who said, 'We are not willing to practice medicine under this regime, and we think voters support us.'" [10]

While several Ohio's Catholic dioceses condemned the measure, many Catholic voters were expected to vote for "yes", along with several dissenting groups, including Catholics for Choice. [47]

Controversies

Comments by ORTL activist Lizzie Marbach

Lizzie Marbach
@LizzieMarbach
 X logo 2023.svg

The use of birth control, IVF, & other unnatural means of "family planning" has brainwashed us into believing that WE are the authors of when life begins.

This belief has caused so much evil and ultimately led to the death of over 60 million babies due to abortion.

September 11, 2023 [48]

Shortly before the election, there was a major rift within the Ohio Right to Life (ORTL) organization. The campaign suffered from intense infighting after comments made by Lizzie Marbach, the organization's communications director. [49] Marbach called for restrictions or bans on birth control and in vitro fertilization, after which she was fired in mid-August 2023. [49]

Marbach also described an image of the Virgin Mary in a Mexican Catholic church as "idolatry". Several Catholic anti-abortion activists urged opponents of the measure to not cast a ballot, or, cast one intentionally spoiled as a protest vote in the wake of the controversy, stating that the "against" campaign was furthering anti-Catholicism. [49]

Ballot wording

Proponents of the amendment initially suggested that the amendment appear in full on voters' ballots in November. However, the Ohio Ballot Board substituted its own summary wording to appear before voters. The summary, written by Ohio Secretary of State and Republican Senate candidate Frank LaRose and approved by the Ballot Board's Republican majority, received criticism for its allegedly biased language, including opting for the phrase "unborn child" over the medically accurate term "fetus" and omitting reference to other rights the proposed amendment would protect, including contraception, miscarriage care, and fertility treatment. Abortion rights groups sued to have the full text of the amendment presented on the ballot, but the Republican majority on the Ohio Supreme Court sided with the Ballot Board, allowing the language to appear in the ballot summary. [50]

The Ballot Board's summary received criticism from medical groups as well as some voices opposed to legal abortion access, who have described it as deliberately deceiving voters to vote "no" under false pretexts. [51] Conservative columnist Jude Russo wrote, "We have failed to persuade the American people. Simply put: Lawyerly tricks (and tricky lawyers) are losers. Asking the commons to cede power voluntarily is a loser." [52] The American College of Obstetricians and Gynecologists stated, "The language used to discuss abortion has a profound impact on how people form their opinions about reproductive health care, and the emotionally charged language that will now be presented to voters is neither clinically nor legally sound." [51]

Misinformation

The Issue 1 election generated widespread misinformation. Several factors contributed to voter confusion, including back-to-back ballot questions, duplicate naming of ballot measures, reversed position of the ballot measures, controversy over ballot language, misleading terminology, and misinformation campaigns. [53] [54] [55]

Republican lawmakers and anti-abortion groups –particularly American Policy Roundtable, Ohio Right to Life, and the Center for Christian Virtue –disseminated false claims that the amendment would allow unrestricted abortions up to birth and for minors to obtain abortions without parental consent, among other abortion misinformation. [56] These misleading assertions were strategically spread through digital advertisements and offline events, [57] as well as on a blog on the official Ohio Senate website, gaining prominence in search engine results for coming from a government source. [58]

Advertisements from the "no" campaign claimed that the referendum would take away parental rights and force sex reassignment surgery on children. The claims received widespread criticism from legal experts, who described them as baseless and misleading. [59] Constitutional law expert Jonathan Entin wrote: [59]

If you drink too much alcohol, if you ingest certain drugs, if you drive too fast –all of those things could have shorter or longer term implications for your ability to reproduce... That doesn't mean that speed limits and drug laws and alcohol regulations are somehow going to be affected by this amendment if it's adopted.

Catholic anti-abortion columnist Mary Pezzulo criticized the advertisements for discussing parental rights while ignoring the anti-abortion movement's mission to "protect the lives of unborn babies". She wrote, "They're lying to get people to vote against Issue 1." [60]

Endorsements

Yes

U.S. Executive Branch officials

U.S. Senators

U.S. Representatives

Statewide officials

  • Marc Dann, 47th Attorney General of Ohio (2007–2008) (Democrat) [66]

State Senators

State House members

  • Willis Blackshear Jr., state representative from the 38th district (2021–present) (Democrat) [68]
  • Jeffrey Crossman, former state representative from the 15th district (2019–2022) and Democratic nominee in the 2022 Ohio Attorney General election (Democrat) [66]
  • Michele Grim, state representative from the 43rd district (2023–present) (Democrat) [69]
  • Darrell Opfer, former state representative from the 53rd district (1993–1999) (Democrat) [70]
  • Allison Russo, Minority Leader of the Ohio House of Representatives (2022–present) and state representative from the 7th district (2023–present) and the 24th district (2019–2022) (Democrat) [71]
  • Anita Somani, state representative from the 11th district (2023–present) (Democrat) [72]
  • Casey Weinstein, state representative from the 34th district (2019–present) (Democrat) [73]

Local officials

Individuals

Organizations

Newspapers

No

U.S. Executive Branch officials

U.S. Senators

U.S. Representatives

Statewide officials

  • Ken Blackwell, 48th Secretary of State of Ohio (1999–2007) and 43rd Treasurer of Ohio (1994–1999) (Republican) [94]
  • Mike DeWine, 70th Governor of Ohio (2019–present), 50th Attorney General of Ohio (2011–2019), former U.S. Senator from Ohio (1995–2007), 59th Lieutenant Governor of Ohio (1991–1994), and former U.S. Representative from OH-7 (1983–1991) (Republican) [93]
  • Keith Faber, 33rd Auditor of Ohio (2019–present) (Republican) [93]
  • Jon Husted, 66th Lieutenant Governor of Ohio (2019–present) and 50th Secretary of State of Ohio (2011–2019) (Republican) [93]
  • Frank LaRose, 51st Secretary of State of Ohio (2019–present) (Republican) [95]
  • Dave Yost, 51st Attorney General of Ohio (2019–present) and 32nd Auditor of Ohio (2011–2019) (Republican) [93]

State Senators

State House members

  • Adam Bird, state representative from the 63rd district (2023–present) and the 66th district (2021–2022) (Republican) [73]
  • Gary Click, state representative from the 88th district (2021–present) (Republican) [99]
  • Jim Hoops, state representative from the 81st district (2018–present; 1999–2006) (Republican) [100]
  • Melanie Miller, state representative from the 67th district (2023–present) (Republican) [97]
  • Bill Seitz, Majority Leader of the Ohio House of Representatives (2017–present), state representative from the 30th district (2017–present; 2001–2007), and former state senator from the 8th district (2007–2016) (Republican) [101]
  • Jason Stephens, 106th Speaker of the Ohio House of Representatives (2023–present) and state representative from the 93rd district (2019–present) (Republican) [102]

Local officials

Individuals

Organizations

Newspapers

Declined to endorse

Newspapers

Polling

Poll sourceDate(s)
administered		Sample
size [d] 		Margin
of error		ForAgainstUndecided
Data for Progress [114] October 31–November 2, 2023582 (LV)± 4%57%40%3%
Ohio Northern University [115] October 16–19, 2023668 (RV)± 3.8%60%40%-
Baldwin Wallace University Community Research Institute [116] October 9–11, 2023569 (RV)± 4.5%58%34%8%
Fallon Research & Communications, Inc. [117] August 22–25, 2023501 (RV)± 4.37%55%35%10%
Ohio Northern University [118] July 17–26, 2023675 (LV)± 3.7%54%30%16%
USA Today/Suffolk University [119] July 9–12, 2023500 (LV)± 4.4%58%32%10%
Scripps News/YouGov [120] June 20–22, 2023500 (LV)± 5.95%58%23%20%
Baldwin Wallace University Community Research Institute [121] September 30–October 3, 2022856 (RV)± 2.8%59%27%14%
  1. ↑ The referendum would allow an abortion ban after fetal viability, except when deemed necessary by a physician "to protect the pregnant patient's life or health". [4]
  2. ↑ Several Catholic dioceses in Ohio also opposed the referendum. However, along with several dissenting Catholic organizations, many Catholic voters were expected to support Issue 1. [17]
  3. ↑ Ohio voted for Trump in both 2016 and 2020 by more than 8%.
  4. ↑ Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear

Financial contributions

Campaign Committees [122]
CommitteePositionContributionsExpenditures [a]
Ohioans United for Reproductive RightsSupport$42,500,000$42,400,000
Protect Women OhioOppose$30,400,000$30,800,000
Ohioans for Reproductive Freedom PACSupport$8,900,000$8,700,000
Protect Women Ohio ActionOppose$5,700,000$5,700,000
Ohio Physicians for Reproductive Rights PACSupport$2,300,000$2,300,000
Major Donors to Registered Committees [123] [124]
DonorsPositionContributions
The Concord Fund/Judicial Crisis NetworkOppose$25,000,000
Susan B. Anthony Pro-Life America Oppose$12,500,000
Protect Women Ohio ActionOppose$9,700,000
Sixteen Thirty Fund Support$5,500,000
Open Society Policy Center Support$3,500,000
Catholic Dioceses of Ohio Oppose$2,200,000
American Civil Liberties Union Support$2,200,000
Fairness Project Support$2,400,000
Lynn Schusterman Support$1,500,000
Planned Parenthood Action FundSupport$1,500,000
Knights of Columbus Oppose$1,000,000
Michael Bloomberg Support$1,000,000
Gwendolyn Sontheim Meyer Support$1,000,000
Abigail WexnerSupport$1,000,000

Results

Yes received 56.78% of the vote, compared to 43.22% of the vote for No, a margin of 13.56%.

Results by county

Breakdown of voting by county [1]
CountyYesVotesNoVotes
Adams 31.6%2,44368.4%5,287
Allen 35.4%10,97864.6%20,029
Ashland 42.0%7,65558.0%10,573
Ashtabula 54.5%16,56945.5%13,841
Athens 72.6%13,51527.4%5,112
Auglaize 26.6%4,68873.4%12,915
Belmont 40.5%7,64559.5%11,252
Brown 36.1%4,85263.9%8,578
Butler 50.8%59,15049.2%57,305
Carroll 39.3%3,63060.7%5,609
Champaign 41.4%5,60158.6%7,936
Clark 50.6%20,87049.4%20,373
Clermont 48.3%36,20851.7%38,753
Clinton 40.1%5,35059.9%7,995
Columbiana 43.9%14,13256.1%18,040
Coshocton 47.4%5,22852.6%5,813
Crawford 40.0%5,18460.0%7,761
Cuyahoga 74.4%295,40625.6%101,555
Darke 27.6%5,01672.4%13,146
Defiance 38.9%4,96661.1%7,810
Delaware 59.3%57,11640.7%39,195
Erie 57.1%16,08542.9%12,093
Fairfield 51.4%28,41048.6%26,818
Fayette 40.7%3,30359.3%4,814
Franklin 72.9%308,37927.1%114,637
Fulton 38.6%5,93561.4%9,424
Gallia 31.6%2,37368.4%5,139
Geauga 54.7%22,32745.3%18,503
Greene 49.3%30,63550.7%31,507
Guernsey 46.8%5,28853.2%6,005
Hamilton 65.1%186,17534.9%99,819
Hancock 40.3%10,55259.7%15,621
Hardin 41.3%3,40858.7%4,843
Harrison 38.0%1,74162.0%2,839
Henry 35.6%3,50764.4%6,347
Highland 33.7%4,00566.3%7,880
Hocking 47.8%4,28752.2%4,674
Holmes 24.6%2,15675.4%6,599
Huron 44.1%7,92255.9%10,055
Jackson 37.6%3,11762.4%5,178
Jefferson 40.7%8,09059.3%11,808
Knox 42.1%9,38457.9%12,898
Lake 60.5%54,33739.5%35,504
Lawrence 33.9%5,64766.1%11,002
Licking 50.9%31,81549.1%30,748
Logan 37.4%5,82462.6%9,736
Lorain 62.6%69,09737.4%41,315
Lucas 63.9%76,19736.1%43,012
Madison 46.8%6,48753.2%7,364
Mahoning 56.3%42,60443.7%33,015
Marion 49.5%9,32550.5%9,519
Medina 55.2%41,00644.8%33,242
Meigs 36.1%2,36663.9%4,179
Mercer 21.5%3,79678.5%13,850
Miami 39.6%15,93260.4%24,258
Monroe 32.6%1,35567.4%2,797
Montgomery 59.3%100,47540.7%69,021
Morgan 42.3%1,93357.7%2,641
Morrow 39.9%5,20960.1%7,860
Muskingum 46.2%11,62053.8%13,522
Noble 36.1%1,49463.9%2,646
Ottawa 52.9%9,06147.1%8,056
Paulding 28.9%1,82471.1%4,480
Perry 42.0%4,75958.0%6,560
Pickaway 44.8%8,49055.2%10,461
Pike 39.2%2,95760.8%4,594
Portage 60.9%35,14739.1%22,547
Preble 37.0%5,22663.0%8,913
Putnam 16.8%2,43083.2%12,051
Richland 42.6%17,12457.4%23,050
Ross 48.4%10,37251.6%11,068
Sandusky 45.4%9,27054.6%11,142
Scioto 36.7%6,56663.3%11,321
Seneca 40.2%7,17959.8%10,692
Shelby 24.3%4,27475.7%13,316
Stark 53.3%67,94946.7%59,629
Summit 65.5%126,53134.5%66,755
Trumbull 57.4%37,09342.6%27,495
Tuscarawas 46.3%13,21953.7%15,319
Union 51.0%13,20949.0%12,706
Van Wert 29.0%2,80971.0%6,864
Vinton 37.6%1,28362.4%2,127
Warren 47.5%43,46352.5%47,963
Washington 40.6%8,02259.4%11,715
Wayne 42.4%15,91157.6%21,589
Williams 36.9%4,48163.1%7,658
Wood 55.2%25,92944.8%21,037
Wyandot 38.7%3,00661.3%4,762

Results by congressional district

"Yes" won 9 of 15 congressional districts, including four that are represented by Republicans. [125]

DistrictYesNoRepresentative
1st 63%37% Greg Landsman
2nd 42%58% Brad Wenstrup
3rd 76%24% Joyce Beatty
4th 46%54% Jim Jordan
5th 47%53% Bob Latta
6th 47%53% Bill Johnson
7th 59%41% Max Miller
8th 49%51% Warren Davidson
9th 56%44% Marcy Kaptur
10th 57%43% Mike Turner
11th 83%17% Shontel Brown
12th 49.6%50.4% Troy Balderson
13th 62%38% Emilia Sykes
14th 58%42% David Joyce
15th 59%41% Mike Carey

Reactions

Within a day of the close of polling, Ohio's top Republican legislative leaders suggested that action would be taken against the new abortion rights granted by Issue 1. [126] Ohio Republican House Speaker Jason Stephens said that Issue 1 is "not the end of the conversation" because there are "multiple paths that we will explore to continue to protect innocent life." A spokesperson for Ohio Senate President Matt Huffman reacted to the result: "This isn't the end. It is really just the beginning of a revolving door of ballot campaigns to repeal or replace Issue 1." [127]

Two days after the result, Ohio State Representatives Jennifer Gross, Bill Dean, Melanie Miller, and Beth Lear, all Republicans, released a statement calling Issue 1 "deceptive", declaring that "Ohio legislators will consider removing jurisdiction from the judiciary over this ambiguous ballot initiative" so that only Ohio legislators can "consider what, if any, modifications to make to existing laws", instead of Ohio courts. [128]

Rick Santorum, a Republican and former U.S. Senator, commented on the simultaneous passage of Issue 1 and Issue 2, the latter of which legalized recreational marijuana: "You put very sexy things like abortion and marijuana on the ballot, and a lot of young people come out and vote. It was a secret sauce for disaster in Ohio ... pure democracies are not the way to run a country." [129] [130] Conservative commentator Sean Hannity urged Republicans to adopt a "safe, legal, and rare" framework on abortion. [21]

According to Jessie Hill, professor and associate dean at Case Western Reserve University School of Law, the only way the Issue 1 amendment could be challenged is if there were a change to federal law regarding abortion or if another Ohio constitutional amendment restricting abortion was passed, which would require a majority vote in an election. [131]

On December 15, 2023, the Ohio Supreme Court dismissed the state of Ohio's challenge to a lower court ruling from Hamilton County which stayed Ohio's six-week abortion ban. In March 2023, the Ohio Supreme Court agreed to review the matter following a challenge from the state. However, following the passage of Issue 1, the Ohio Supreme Court dismissed the matter, citing a change in the law. [132]

Voter demographics

Ohio Issue 1 vote by demographic subgroup
Demographic subgroup [133] YesNo % of
total vote
Total vote56.7843.22100
Age
18–29 years old772312
30–44 years old683223
45–64 years old534735
65+ years old455530
Party ID
Democrat92832
Republican188235
Independent643633
Ideology
Liberal94634
Moderate693130
Conservative138736
Marital Status
Married514961
Unmarried673339
Married With Children?
Yes564423
No574377
Race
White534785
Black831710
Latino73273
AsianN/AN/A1
OtherN/AN/A1
Gender
Male534747
Female604053
Area Type
Urban703040
Suburban524843
Rural406018
Abortion Should Be
Legal In All Cases96428
Legal In Most Cases831733
Illegal In Most Cases69425
Illegal In All Cases39712
White Born-Again or Evangelical Christian
Yes247630
No712970
Parents
Men With Children534714
Women With Children623816
Men Without Children544633
Women Without Children594137
Education
Never Attended College425818
Some College604023
Associate degree544614
Bachelor's Degree584225
Advanced Degree683219
Union Household
Yes584230
No574370
Feelings About Roe Being Overturned
Enthusiastic79318
Satisfied217918
Dissatisfied683222
Angry93738
2020 Presidential Vote
Biden92845
Trump198143
Another Candidate65355
Did Not Vote71294
Biden Approval
Strongly Approve94615
Somewhat Approve91924
Somewhat Disapprove722813
Strongly Disapprove237746

See also

Other abortion referendums

Notes

  1. ↑ Some portion of each committee's expenditures may have gone to the August 2023 Ohio Issue 1.

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<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

<span class="mw-page-title-main">Dave Yost</span> American politician and lawyer (born 1956)

David Anthony Yost is an American politician and lawyer who currently serves as the 51st Attorney General of Ohio. A member of the Republican Party, Yost previously served as Ohio State Auditor.

<span class="mw-page-title-main">Frank LaRose</span> American politician (born 1979)

Frank LaRose is an American politician who has served as the 51st Secretary of State of Ohio since January 2019. He was a Republican member of the Ohio State Senate for two terms, from January 2011 to January 2019. He was a Republican candidate for the U.S. Senate in the 2024 election, challenging incumbent Senator Sherrod Brown. He lost to Bernie Moreno in the primary.

Abortion in Ohio is legal up to the point of fetal viability as a result of abortion rights being placed into the Ohio State Constitution by November 2023 Ohio Issue 1.

Abortion in Florida is generally illegal after six weeks from the woman's last menstrual period, This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.

<span class="mw-page-title-main">2022 Kansas gubernatorial election</span>

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<span class="mw-page-title-main">2023 Ohio Issue 2</span>

The Regulate Marijuana Like Alcohol initiative, listed on the ballot as Issue 2, is a ballot initiative for legalization of cannabis in the U.S. state of Ohio that was passed by voters on November 7, 2023.

<span class="mw-page-title-main">2022 Michigan elections</span>

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<span class="mw-page-title-main">2022 Kansas abortion referendum</span>

The 2022 Kansas abortion referendum was a rejected legislatively referred constitutional amendment to the Kansas Constitution that appeared on the ballot on August 2, 2022, alongside primary elections for statewide offices, with early voting from July 13. If enacted, the amendment would have declared that the Kansas Constitution does not guarantee a right to abortion, giving the Kansas state government power to prosecute individuals involved in abortions, and further declared that the Kansas government is not required to fund abortions.

<span class="mw-page-title-main">2022 California Proposition 1</span> Successful referendum on enshrining reproductive rights in the state constitution

Proposition 1, titled Constitutional Right to Reproductive Freedom and initially known as Senate Constitutional Amendment 10 (SCA 10), was a California ballot proposition and state constitutional amendment that was voted on in the 2022 general election on November 8. Passing with more than two-thirds of the vote, the proposition amended the Constitution of California to explicitly grant the right to an abortion and contraceptives, making California among the first states in the nation to codify the right. The decision to propose the codification of abortion rights in the state constitution was precipitated in May 2022 by Politico's publishing of a leaked draft opinion showing the United States Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey in Dobbs v. Jackson Women's Health Organization. The decision reversed judicial precedent that previously held that the United States Constitution protected the right to an abortion.

<span class="mw-page-title-main">2022 Michigan Proposal 3</span>

2022 Michigan Proposal 3, the Right to Reproductive Freedom Initiative, also known as Reproductive Freedom for All, was a citizen-initiated proposed constitutional amendment in the state of Michigan, which was voted on as part of the 2022 Michigan elections. The amendment, which passed, codified reproductive rights, including access to abortion, in the Constitution of Michigan.

<span class="mw-page-title-main">August 2023 Ohio Issue 1</span> Referendum on voter-led initiatives

A special election was held in the U.S. state of Ohio on August 8, 2023, on a referendum to make it substantially harder for voter-led initiatives intending to amend the Ohio State Constitution to be proposed and approved.

<span class="mw-page-title-main">2024 Maryland Question 1</span> Voter referendum

The 2024 Maryland Question 1 was a voter referendum that appeared on the ballot on November 5, 2024. It established in the Constitution of Maryland a right to reproductive freedom. The referendum was approved overwhelmingly, with more than three times as many voters voting in favor of it than against it, and only losing in Garrett County.

<span class="mw-page-title-main">2024 Florida Amendment 4</span> Proposed amendment to the Florida Constitution

Florida Amendment 4 was a proposed amendment to the Florida Constitution, which failed on November 5, 2024. Through a statewide referendum, the amendment achieved 57% support among voters in the U.S. state of Florida, short of the 60% supermajority required by law. Despite its failure to pass, the double digit percentage majority that it received is considered by some to be indicative of a nationwide consensus on abortion, similar to similar referendums in other moderately conservative swing states such as Michigan, Ohio, Missouri, and Arizona, the last of which had an abortion rights amendment pass with a 3/5 majority, although unlike Florida it did not actually need one.

<span class="mw-page-title-main">2022 Vermont Proposal 5</span> 2022 ballot initiative

The 2022 Vermont reproductive rights initiative, officially titled the "Reproductive Liberty Amendment", and listed on the ballot as Proposition 5, was a legislatively referred constitutional amendment that was adopted on November 8, 2022, by a landslide majority of 76.8% of voters. It codified reproductive rights in the Constitution of Vermont. It was signed into the constitution by Republican governor Phil Scott on 13 December 2022.

<span class="mw-page-title-main">2024 New York Proposal 1</span> New York state constitutional amendment extending rights protections

New York Proposal 1, called the Amendment to Protect Against Unequal Treatment on the ballot, was a proposed legislatively referred constitutional amendment to the New York Constitution, which was approved by voters on November 5, 2024 and will take effect on January 1, 2025. Also informally known as the Equal Rights Amendment, it includes several rights in the New York State Constitution's Equal Protection Clause with its chief purpose to preserve the right to abortion. It also adds a prohibition of discrimination on attributes such ethnicity, gender identity, disability, or reproductive autonomy. The amendment was approved in consecutive legislating sessions in 2022 and 2023 and was approved by voters in a referendum on November 5, 2024. While the text of the amendment was determined by the legislature, the wording of the ballot proposal about the amendment went through several changes and legal challenges before the Board of Elections' draft was replaced by an Albany County Judge.

<span class="mw-page-title-main">2024 South Dakota Amendment G</span> Proposed amendment to the South Dakota Constitution

South Dakota Amendment G was a proposed constitutional amendment that appeared on the ballot on November 5, 2024. If passed, the amendment would have established a right to abortion in the Constitution of South Dakota up until approximately the beginning of the third trimester of pregnancy. The amendment failed to pass, making it the second referendum about abortion since Dobbs to come out as anti-abortion and preserve the state's ban.

<span class="mw-page-title-main">2024 Colorado Amendment 79</span> Proposed amendment to the Colorado Constitution

2024 Colorado Amendment 79 was a constitutional amendment that appeared on the November 5, 2024 ballot. The amendment established a right to abortion in the Constitution of Colorado and repealed a constitutional ban on public funding for abortions. The amendment passed, surpassing the 55% supermajority vote required for the amendment to be approved.

<span class="mw-page-title-main">2024 Ohio Issue 1</span> Citizen-led Redistricting Commission

The 2024 Ohio redistricting commission initiative was a citizen-initiated constitutional amendment, Issue 1 on the ballot, that was defeated 53.7% to 46.3% in the November 2024 election. If passed, the amendment would have replaced the existing politician-led Ohio Redistricting Commission with a 15-member commission of Ohio citizens selected from a pool by a panel of retired judges, to redraw congressional and legislative districts.

<span class="mw-page-title-main">2024 Montana Initiative 128</span>

Initiative 128 was a ballot initiative that appeared on the ballot on November 5, 2024, to establish in the Constitution of Montana a right to abortion up to fetal viability. The initiative was approved by 58 percent of voters.

References

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  2. ↑ Tebben, Susan (August 24, 2023). "Split ballot board approves reproductive rights amendment summary written by Ohio Sec. of State". Ohio Capital Journal. Retrieved September 8, 2023.
  3. ↑ Smith, Julie Carr (August 24, 2023). "Backers blast approved ballot language for Ohio's fall abortion amendment as misleading". Associated Press . Retrieved August 29, 2023.
  4. 1 2 3 Walsh, Maeve (March 13, 2023). "Abortion rights amendment certified by Ohio Ballot Board". WCMH-TV . Retrieved July 23, 2023.
  5. 1 2 3 Prosser, Maggie (April 11, 2019). "DeWine signs Heartbeat Bill into Ohio law. ACLU promises lawsuit". Akron Beacon Journal . Retrieved June 7, 2024. Abortions would be allowed if the woman's life is in danger, but it contains no exceptions for rape or incest.
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  27. ↑ Tebben, Susan (October 18, 2023). "Long-fought abortion battle in Ohio could end with Issue 1 amendment or with six-week ban". Ohio Capital Journal . Retrieved June 7, 2024.
  28. ↑ Hauser, Christine (July 5, 2023). "Man Gets Life Sentence in Rape of Child Who Traveled for Abortion". The New York Times . Retrieved August 9, 2023.
  29. ↑ Bruner, Bethany; Trombly, Monroe; Cook, Tony (July 13, 2022). "Arrest made in rape of Ohio girl that led to Indiana abortion drawing international attention" . The Columbus Dispatch. Retrieved August 5, 2022.
  30. ↑ Bushard, Brian (July 22, 2022). "Ohio Man Indicted For Raping 9-Year-Old Who Was Forced To Travel To Indiana For Abortion". Forbes. Retrieved January 2, 2023.
  31. ↑ Bischoff, Laura (July 14, 2022). "Ohio AG Dave Yost cast doubt on 10-year-old rape victim case, now 'rejoices' at arrest". USA Today . Retrieved July 16, 2022.
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  99. ↑ Click, Gary (August 5, 2023). "Click: Clarity on Issue One". Fremont News Messenger. Retrieved October 10, 2023.
  100. ↑ Blasius, Patrick (September 27, 2023). "Right to Life encourages voting no on Issue 1". Putnam County Sentinel. Retrieved October 28, 2023.
  101. ↑ Seitz, Bill (October 12, 2023). "Abortionists trying to trick voters into granting infanticide on demand". The Cincinnati Enquirer. Retrieved November 2, 2023.
  102. ↑ Szilagy, Sarah (August 8, 2023). "Ohio voters reject Issue 1 in special election". WCMH-TV. Retrieved September 7, 2023.
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  115. ↑ Ohio Northern University
  116. ↑ Baldwin Wallace University Community Research Institute
  117. ↑ Fallon Research & Communications, Inc.
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  119. ↑ USA Today/Suffolk University
  120. ↑ Scripps News/YouGov
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  124. ↑ Balmert, Jessie (July 31, 2023). "Ohio abortion rights issue: Fall race looks to be expensive, fueled by out-of-state money" . The Cincinnati Enquirer . Archived from the original on August 1, 2023. Retrieved July 23, 2024.
  125. ↑ "November 7, 2023: Ohio State Issues 1 & 2 by Congressional District".
  126. ↑ Bemiller, Haley (November 8, 2023). "Will of the voters? Republicans in Ohio pledge to push back on abortion, marijuana". USA Today. Retrieved November 9, 2023.
  127. ↑ Zuckerman, Jake (November 8, 2023). "After voters back abortion and pot, GOP leaders signal plans to undermine referendums". cleveland.com . Archived from the original on November 8, 2023. Retrieved November 9, 2023.
  128. ↑ Balmert, Jessie (November 10, 2023). "Ohio GOP lawmakers propose stripping judges of power to interpret abortion rights, Issue 1". Cincinnati Enquirer . Retrieved November 11, 2023.
  129. ↑ Crisp, Elizabeth (November 8, 2023). "Bemoaning Ohio results, Santorum says 'pure democracies' aren't how to run a country". The Hill . Retrieved November 9, 2023.
  130. ↑ Otten, Tori (November 8, 2023). "Rick Santorum Says Quiet Part Out Loud After Republican Election Losses". The New Republic . Retrieved November 9, 2023.
  131. ↑ Lewis, Frank W.; Wilder, Candice (November 9, 2023). "Issue 1 vote means abortion access is now protected in the Ohio constitution. What happens next?". Signal Cleveland . Retrieved November 12, 2023.
  132. ↑ "Ohio Supreme Court dismisses challenge to order blocking enforcement of abortion ban". PBS. The Associated Press. December 16, 2023. Retrieved January 2, 2024.
  133. ↑ "Exit polls for Ohio ballot measure election results 2023 | CNN Politics". CNN. Retrieved January 30, 2024.
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