Ohio Issue 1: What legal challenges may be ahead

COLUMBUS, Ohio — Following the passage of Issue 1 on Tuesday, the abortion amendment will be enshrined in the state’s constitution on Dec. 7.

But already, both sides of abortion in Ohio are bracing for what’s next.

Tuesday night, Ohio became the 7th state to uphold abortion rights.

“This is the first time a pro-abortion rights amendment has been adopted in an otherwise red state,” said Jessie Hill, a professor of constitutional law at Case Western Reserve University.

Hill has also been involved as an attorney with the ACLU of Ohio, challenging restrictions on abortion in Ohio 

She said it’s likely there will be challenges to reproductive rights in Ohio, both through the legislature and through the courts.

“This amendment gives us an incredibly powerful tool for challenging those restrictions on abortion access going forward, but we are still most likely going to find ourselves having to fight this fight, even after the amendment is passed,” she said.

In a statement provided by email to 10TV, Ohio GOP Spokesman Dan Lusheck said, “There will be many conversations among our elected leaders regarding next steps on these issues. As a political organization focused on electing Republicans up and down the ballot, we are setting our sights on 2024 and fighting back against Democrats’ failed policies in Washington.”

At a news conference Wednesday morning, Chair of the Ohio Democratic Party, Liz Walters, said their focus is on 2024.

“Our work is far from over. Make no mistake about it. Control of the U.S. Senate and the U.S. House run through Ohio next year. We have to re-elect Sherrod Brown and stop the corrupt Republicans running against him from implementing a national abortion ban, which each of them supports.”

Ohio Senator Matt Dolan said that he does not support a national abortion ban, but does think there should be exceptions in the case of rape, incest and the life of the mother.

“I will continue fighting to promote a culture of life in the United States Senate by working to protect the Hyde Amendment, pass the Born-Alive Abortion Survivors Protection Act and reduce the number of abortions while maintaining exceptions for rape, incest and the life of the mother,” he said. “I oppose a national abortion ban. I think most Americans agree there should be reasonable limits on abortion and abortion policy will primarily be made at the state level. Sherrod Brown thinks the federal government should mandate abortion on demand up to the moment of birth at taxpayer expense in Ohio and across America. That’s just too extreme.”

In a similar light, Ohio Secretary of State Frank LaRose said that he will always fight for unborn children.

“I will always fight for the rights of the unborn and healthcare for women. As we approach 2024, I firmly believe the economy and what Sherrod Brown has done to Ohio will be the main issue that voters will be weighing when they cast their ballots,” LaRose said.

Ohio House Speaker Jason Stephens said in a statement, “The legislature has multiple paths that we will explore to continue to protect innocent life. This is not the end of the conversation.”

Ohio was in the national spotlight with Issue 1. Advocates for reproductive freedom in at least a dozen states are hoping to take abortion questions to voters in 2024.