Almost one year ago today, on June 22nd, 2022, the United States Supreme Court ruled against a woman’s constitutional right to abortion in the Dobbs v. Jackson Women’s Health Organization case. Their ruling overturned the landmark 1973 Roe v. Wade decision and its reaffirming 1992 decision in Planned Parenthood of Southeastern Pennsylvania v. Casey –both of which protected a woman’s choice to abortion. Roe v. Wade cited the Due Process Clause of the 14th Amendment –concluding that abortion falls within the right to privacy protected under that clause. Later, Planned Parenthood v. Casey determined Pennsylvania’s requirement to notify the husband of a woman seeking an abortion placed an undue burden onto her.

Now, fifty years after the Roe V. Wade decision, Supreme Court Justices have overturned that precedent in favor of Mississippi’s Gestational Age Act which bans abortion after 15 weeks –excluding instances of a medical emergency or severe fetal abnormality. The ruling effectively allows each of the 50 states of America to legislate abortion how they see fit, and in the past year, this has become a reality. As of July 6th, 2023, 14 states have enacted complete bans on abortions, according to the New York Times map above. Additionally, 11 states have gestational abortion limits ranging from 6 to 22 weeks. This interactive infographic provides details on abortion laws in all 50 states –showing as of July 6th, 2023, only 25 states allow abortion after 22 weeks. The past year has been marked by historic political battles to either protect or ban abortion across the country. Deep blue states were quick to maintain abortion rights for their citizens, while states on the other side of the aisle were just as swift in enacting anti-abortion legislation. Most recently, however, a swing state has stepped into the spotlight on American abortion issues. In the past week, a coalition of Ohio voters reached what seemed a monumental victory in their battle for abortion rights, but they may have inadvertently spurred an amendment to the state’s constitution that could stop their fight in its tracks. 

On July 5th, 2023, Ohio citizens submitted 710,131 petition signatures to the secretary of state’s office, aiming to secure a place for a proposed pro-choice amendment on Ohio’s ballot in November. In short, the amendment would certify that Ohio state officials could not prohibit abortion until after fetal viability –the point at which a fetus can survive outside the womb. This amendment starkly contrasts Ohio’s current Fetal Heartbeat Law –prohibiting abortions as early as six weeks into pregnancy. The submitted signatures overshoot Ohio’s requirement by approximately 300,000 –causing celebration for supporters of the amendment. In light of the upcoming 2024 presidential election, a potential pro-choice victory in a swing state may be immensely impactful, especially because Ohio has leaned in support of the Republican party for the past two election cycles. Thus, this amendment could affect not only the citizens of Ohio but also the GOP general election and the American presidential election itself. Those who support the petition are optimistic that the amendment will not only get on the ballot now but will also be voted into law when the November election comes along. In an interview with CNN, Lauren Blauvelt, the vice president of Planned Parenthood Advocates of Ohio, said, “we know that Ohioans, just like our neighbors in Michigan and Kentucky –when they have the opportunity to vote for abortion access, they will,” and she is not alone in this belief. In the same interview, Dr. Aziza Wahby explained that she became involved in the effort to gather signatures through Ohio Physicians for Reproductive Rights –a group she only joined after the Supreme Court ruling last June. “I was never very political before all this started last year,” she said, but this issue has changed her tune.

So what is next for the petition? According to current Ohio state law, the Secretary of State, Frank LaRose, must determine the sufficiency of the signatures by July 20th. If any of the signatures are found insufficient, the petitioners are then allowed ten days to collect and file additional signatures. Lastly, Secretary LaRose will have final approval to place the issue on Ohio’s fall ballot by July 25th. 

However, the pro-choice coalition will face another obstacle for their bill before the November vote. In May of this year, after pro-choice supporters won approval to begin collecting signatures for their amendment, Ohio’s majority Republican legislature voted in favor of a special election on August 8th. The resolution on the snap election’s ballot has the power to put a hold on not just the abortion rights amendment but any future proposed amendment to the Ohio constitution. The resolution, titled Ohio Issue 1, will change the process of amending Ohio’s constitution in three critical ways. First, the resolution will newly require a 60% supermajority of voters to approve a constitutional amendment in Ohio in place of the simple majority of 51% currently needed. Second, the resolution will mandate that petitions proposing a constitutional amendment, such as the pro-choice amendment above, be signed by at least 5% of the electors in each of Ohio’s 88 counties. Currently, the law requires signatures by at least 5% of electors in 44 counties, meaning the resolution calls for a 100% increase of involved counties. Finally, the resolution will remove the ten-day “cure period” allowed for petitioners to gather additional signatures for a constitutional amendment if the Secretary of State determines they initially filed any insufficient ones. PDS Politics further explains the potential implications of these changes here.

The August 8th special election and its proposed resolution have sparked adamant controversy on both sides of the abortion issue. Pro-choice advocates are infuriated by the special election. Kellie Copeland from Ohioans for Reproductive Freedom spoke out against the resolution saying, “These politicians know that their radical views on abortion care can’t win a fair vote, so they’re rigging the system,” reports CNN. Copeland also points out that the special election is slated right at the end of the summer break when families usually transition from summer trips and activities to prepare for the beginning of the academic year –a time when voters are not used to casting ballots and may not be in state. She believes Ohio lawmakers are “doing that on purpose because they know that their agenda is not the agenda of Ohioans.” Supporters of Ohio Issue 1 say the new requirements would make it harder for deep-pocketed interest groups to cause changes to the constitution via the initiative process. Republican state Representative Brian Stewart, the main sponsor of Ohio Issue 1, defended the resolution during a floor debate, arguing that if a group truly believes their amendment is “worthy of inclusion in Ohio’s constitution, then they should be able to earn the widespread public support that a 60% vote margin will require.” In response to concerns raised over historically low summer voter turnout, Amy Notace, press secretary for the pro-life coalition Protect Women Ohio, says, “There is no time like the present to protect Ohio’s constitution,” in an interview. Pro-choice advocates at the grassroots level are also stepping up to bat against Ohio Issue 1. Amy Fogel, who is part of the Red Wine and Blue group, says that while she was frustrated by the August special election, she and other volunteers are not deterred. 

From now until August 8th, both pro-life and pro-choice stakeholders will carry out campaigns in support of their respective ballot issues. Approaches range from door-to-door canvassing to multi-million dollar television ad campaigns and even viral TikTok videos like these. The conservative party vows to keep gathering support for Ohio Issue 1 in all the state’s 88 counties but also intends to prepare additional pro-life efforts if the abortion rights bill does end up on the ballot in November. The petitioners for abortion rights sing a similar tune –encouraging citizens to vote on their amendment in November, but now also to show up to the polls on August 8th or order an absentee ballot if they will be out of state. They have adopted the slogan “Vote NO in August and Yes in November” to simplify the now more confusing process of pushing their amendment through. As the opposing sides of this battle gear up for the August vote, former Republican governors Bob Taft and John Kasich spoke up against the special election, explaining that a highly impactful vote on the state constitution has no place during a low-turnout summer election. They urge that this type of amendment absolutely needs to be considered by the same number of voters who would vote in a presidential election.

Regardless of the opposing sides of this issue, what Ohio voters decide in August and potentially in November will be of historical significance. The Ohio vote will set the stage not only for future abortion rights in America but also for future instances of constitutional reform in the country –a decision that is not to be taken lightly.

Suggested Readings: 

1. Ohio abortion rights ballot measure receives nearly double the needed signatures | PBS NewsHour
2. Ohio Poised To Vote On Abortion Rights After Petition Gathers Over 700,000 Signatures, Pro-Abortion Rights Groups Say
3. Ohio abortion rights supporters file more than 700K signatures to make the November ballot
4. Everything you need to know about the August vote on Issue 1
5. Answering viewer questions about Ohio’s Issue 1
6. How Ohio Issue 1 could make it harder to put amendments on the ballot
7. Abortion foes take aim at ballot initiatives in next phase of post-Dobbs political fights
8. Ohio abortion rights groups submit signatures for ballot measure
9. Analysis of the Ohio Abortion Amendment
10. Fact Check: Ohio abortion amendment says nothing about transgender or parental rights, contrary to ad’s claims