Friday, December 9, 2016
SEE ALSO: Ohio senate passes assisted suicide legislation
Staff report
COLUMBUS
Separate bills that would restrict the timing of abortions are headed to Gov. John Kasich’s desk.
The Republican-controlled chambers moved Senate Bill 127 and House Bill 493 during the final days of their two-year legislative session.
The governor could sign them both as-is, instituting one ban on abortions about six weeks after conception, when a fetal heartbeat is detected, and another at about 20 weeks, based on whether an unborn child could feel pain.
He also could opt to veto them both outright. Or he could OK one and not the other. HB 493, larger legislation that contains the long-debated Heartbeat Bill language, includes an appropriation, paving the way for Kasich’s line-item veto pen.
In the past, the governor has said repeatedly that he is pro-life, but he wasn’t offering any definitive hints on what he plans to do.
Democratic Ohio Congressman Tim Ryan was among those calling on Kasich to veto the legislation.
“Don’t be fooled; this is a ban on virtually all abortions in the state of Ohio. Not only is this dangerous bill a risk to women’s health, it is unconstitutional. ... I will not stand by and allow Ohio to become the most punitive and regressive state in the country when it comes to reproductive health,” he said.
Some opponents of abortion have voiced concerns about the Heartbeat Bill, too, saying court action deeming the law changes unconstitutional could undo other abortion restrictions in place in Ohio.
Ohio Right to Life supported the 20-week ban but remained neutral on the Heartbeat Bill.
Earlier in the week, the Ohio Senate amended HB 493, legislation that initially focused on child abuse and neglect reporting, to include the Heartbeat Bill, which would ban abortions within weeks of conception.
Proponents believe the legislation could serve as the vehicle to overturn Roe vs. Wade, the U.S. Supreme Court decision legalizing abortion.
On Thursday, the Ohio House passed SB 127, the Pain-Capable Unborn Child Act, prohibiting abortions 20 weeks after conception.
Current state law prohibits abortions at about 24 weeks, if a physician determines an unborn child could survive outside of the womb.
The legislation includes an exception for cases where the mother’s life is at risk or when a pregnancy presents “a serious risk of the substantial and irreversible impairment of a major bodily function.”
Democrats mostly opposed the Heartbeart Bill, questioning the legality and constitutionality of the proposed law changes.
Dylan Edwards, president of Youngstown State University’s College Democrats group, called the legislation “a despicable grab at women’s rights that our organization finds utterly deplorable.”
“As an organization of young Democrats, we believe that a woman has the right to choose what she does with her own body, and believe in body autonomy,” said Edwards. “This bill poses an unnecessary and unruly threat to it.”
Cryshanna Jackson Leftwich, YSU’s director of Women and Gender Studies, also expressed opposition to the legislation.
“The legislation is a blow to women’s reproduction rights. It is a prohibitive measure that does not take into account rape, incest, or medical conditions of the mother or the fetus,” she said. “It goes against Roe v. Wade, and women of color and poor women will be impacted the most dramatically by this legislation.”
Lindsay Heldreth, president of YSU’s chapter of the National Organization for Women, said she is in “strong opposition” to the legislation, which she also believes is unconstitutional.
“The bill has the potential to ban abortions after six weeks, which is before most women know they’re pregnant, with the only exception being for the life of the mother,” said Heldreth. Additionally, she said, “There is still no consensus amongst scholars and medical professionals as to when life begins. If scholars and medical professional can’t lay claim to authority on this question, then legislators certainly can’t either.”
Democratic legislators from the Mahoning Valley, who all voted against both bills, says they doubt either will be ruled constitutional.
State Rep. Michele Lepore-Hagan of Youngstown, D-58th, said women “shouldn’t have to justify our medical decisions. It will be costly to the people of Ohio because it will most likely not stand up to judicial scrutiny as it’s not constitutional.”
“I’ve said it time and time again: The government has no place in making health care decisions for women,” said state Sen. Capri Cafaro of Liberty, D-32nd. “We need to stop these attacks on women and their reproductive rights.”
State Reps. John Boccieri of Poland, D-59th, and Sean J. O’Brien of Bazetta, D-63rd, said they personally oppose abortions, but government has no role in restricting them.
“We should find ways to stop unwanted pregnancies rather than have these exercises in futility,” Boccieri said. “These bills will get struck down by the court and won’t go anywhere.”
While some Democratic legislators believe Kasich will sign the Heartbeat Bill, O’Brien said Kasich probably will veto it.
“They’re unconstitutional,” he said. “I’m opposed to [abortions], but that’s a choice between a doctor and a patient. The state doesn’t need to be involved in that.”
As for the 20-week ban, Cafaro called it “a giant step back for women. We are telling women in Ohio we do not trust them to make decisions about their body. We are telling them we do not care about their health, their feelings or their choices.”
Senate Minority Leader Joe Schiavoni of Boardman, D-33rd, said he “can’t begin to pretend to understand [the Republican] approach to this. For two years, [Senate President Keith] Faber said it was unconstitutional and wouldn’t move in the Senate. We had no conversation about it. It was a surprise attack. We just went through an election that was all about jobs and good schools, and we come back here and boom, we pass the most restrictive abortion law in the country.”
Staff writers Jordyn Grzelewski and David Skolnick contributed to this report, with correspondent Marc Kovac