A ban on abortion after a fetal heartbeat is detected awaits Governor John Kasich’s signature before becoming law early next year. After the Senate added the measure to House Bill 493 — meant to expedite the process by which doctors report child abuse and neglect — the bill went back to the House and was approved yesterday by a 56-39 vote.
Pro-choice groups are busy rallying Ohioans, leading protests and urging people to email Kasich’s office in hopes of a line-item veto. If no action is made by Kasich within 10 days, the bill will become law, banning abortion after a fetal heartbeat is detected (as early as six weeks), even in cases of rape and incest.
“This bill would effectively outlaw abortion and criminalize physicians that provide this care to their patients,” said Kellie Copeland, NARAL Pro-Choice Ohio Executive Director. “One in three women choose to have an abortion in their lifetime, and seven in ten Americans support legal access to abortion care. Banning women from getting a medical procedure is out of touch with Ohio values and is completely unacceptable.”
Last year a similar ban on abortion in North Dakota was struck down by a federal court. The 8th US Circuit Court of Appeals decided that the law would defy Supreme Court precedent, which protects abortion rights until the fetus is viable outside of the womb.
The legality of a 20 week abortion ban has been variable by state. Eighteen states have enacted the ban with different restrictions, and Ohio is currently considering one. The US Supreme Court, however, has not made a ruling on the cut-off point for women seeking an abortion since its Planned Parenthood vs. Casey decision in 1992, which outlaws abortion only after fetal viability is determined.
NARAL Pro-Choice Ohio and ACLU of Ohio spoke out on social media about the bans, with ACLU promising to sue if Kasich signs it into law. Representatives from NARAL Pro-Choice are concerned about the future of abortion rights, even if the bill fails. With President-elect Trump ready to replace one or more of the justices with anti-choice individuals, the precedent protecting abortion rights to the point of fetal viability could be replaced with something much more restrictive, if not an outright ban.
“Clearly this bill’s supporters are hoping that President-elect Trump will have the chance to pack the US Supreme Court with justices that are poised to overturn Roe vs. Wade,” Copeland said. “We must prevent that from happening to protect women’s lives.”