Ohio’s new constitutional protections for abortion access and other reproductive rights are supposed to take effect Dec. 7.

Ohio’s new constitutional protections for abortion access and other reproductive rights are supposed to take effect Dec. 7, a month after voters resoundingly passed them. That prospect seems increasingly uncertain. Existing abortion-related lawsuits are moving again through the courts now that voters have decided the issue, raising questions about how and when the amendment will be implemented. The amendment declared an individual’s right to “make and carry out one’s own reproductive decisions” and passed with a strong 57% majority. It was the seventh straight victory in statewide votes for supporters of abortion access nationally since the U.S. Supreme Court overturned constitutional protections. But the amendment did not repeal any existing Ohio laws, providing an opening for Republican elected officials and anti-abortion groups to renew their efforts to halt, delay or significantly water it down. The state Legislature is controlled by Republicans whose leaders opposed the November ballot amendment, which was known as Issue 1. The Ohio Supreme Court also is controlled by Republicans, who have a 4-3 majority, and will be the final judge of constitutional questions. Several of the Republican justices have taken actions or made statements that have caused abortion rights organizations and ethics attorneys to question their objectivity on the subject. Minority Democrats in the Ohio House announced legislation two days after the election aimed at avoiding a piecemeal approach to implementing the amendment. Among other steps, they called for repealing the state’s ban on most abortions after fetal cardiac activity is detected, which is around six weeks, and a 24-hour waiting period.

 

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