Ohio Republicans are facing a lawsuit for changing the ballot language of a proposed amendment that would protect abortion rights in the state constitution.
The amendment, known as the Ohio Abortion Rights Amendment, was initiated by a group called Ohioans for Abortion Access and aims to guarantee the right to abortion and reproductive health care in Ohio. The amendment would also prevent the state from passing any laws that restrict or interfere with abortion access, such as heartbeat bans, waiting periods, or mandatory ultrasounds.
The amendment’s supporters collected more than 442,000 signatures to qualify for the November 2023 ballot. However, they claim that Republican Secretary of State Frank LaRose altered the ballot language without their consent and made it more biased and misleading.
The new language, written by LaRose, uses terms such as “unborn child” instead of “fetus” and “always allow” instead of “may prohibit” to make the amendment seem more extreme and dangerous than it actually is. For example, the original language stated that the amendment would “prohibit the state from requiring any person to obtain consent from any other person before obtaining an abortion.” The new language states that the amendment would “always allow a person to obtain an abortion without obtaining consent from any other person, including the father of the unborn child.”
“This is a blatant attempt to mislead voters and scare them away from supporting this amendment,” said Kellie Copeland, executive director of NARAL Pro-Choice Ohio and a member of Ohioans for Abortion Access. “Secretary LaRose has abused his power to sabotage this ballot initiative and advance his anti-abortion agenda.”
The lawsuit, filed on Monday in the Ohio Supreme Court, accuses LaRose and other state officials of violating the constitutional rights of the amendment’s sponsors and misleading voters with the ballot language. The lawsuit seeks to restore the original language of the amendment and prevent LaRose from making further changes without consulting the amendment’s sponsors.
“We are not going to let them get away with this,” said Alyssa Chenault, communications manager of Ohioans for Abortion Access. “We are going to fight for our rights and for the truth.”
LaRose’s office defended the ballot language as accurate, fair, and impartial. Rob Nichols, a spokesperson for LaRose, said that “the secretary of state’s office followed the same process that has been in place for decades. We will vigorously defend this lawsuit.”
However, some legal experts have questioned LaRose’s authority to change the ballot language without approval from the attorney general or the ballot board. Jessie Hill, an attorney representing the plaintiffs and a professor at Case Western Reserve University School of Law, said that LaRose “acted unilaterally and unlawfully” and that his changes were “clearly designed to influence voters’ opinions.”
The lawsuit also has implications for the national debate over abortion rights, as several states have enacted or proposed laws that would ban or restrict abortion in various ways. The U.S. Supreme Court is set to hear a case in December that could overturn or weaken Roe v. Wade, the landmark ruling that legalized abortion nationwide in 1973.
Ohio is one of the states that has passed several anti-abortion laws in recent years, such as banning abortions after six weeks of pregnancy or when a fetal heartbeat is detected. However, these laws have been blocked by federal courts as unconstitutional.
The Ohio Abortion Rights Amendment is seen by its supporters as a way to safeguard abortion rights in Ohio regardless of what happens at the federal level. However, it also faces strong opposition from anti-abortion groups and politicians who claim that it would eliminate any protections for unborn children in Ohio.
“The ballot language is accurate, fair, and impartial,” said Mike Gonidakis, president of Ohio Right to Life. “It reflects the true intent and impact of the amendment, which is to strip away any protections for unborn children in Ohio.”
The Ohio Supreme Court is expected to rule on the lawsuit before the November 2023 election. If approved by voters, the Ohio Abortion Rights Amendment would become part of the state constitution and take effect immediately.
Relevant articles:
– Ohio Republicans Sneak in Sinister Change to Abortion Ballot Language, The New Republic, August 25, 2023
– Abortion rights backers sue Ohio officials for adding “unborn child” to ballot language and other changes, CBS News, August 29, 2023
– Ohio abortion rights advocates sue over ballot language, MSN, August 29, 2023
– Ohio Republicans accused of trying to mislead voters with abortion ballot wording, The Guardian, August 29, 2023