November 2023 Ohio Issue 1

Issue 1

November 7, 2023 (2023-11-07)

Right to Reproductive Freedom with Protections for Health and Safety[1]
Results
Choice
Votes %
Yes 2,227,384 56.78%
No 1,695,480 43.22%
Total votes 3,922,864 100.00%

Yes:      50–60%      60–70%      70–80%      80–90%
No:      50–60%      60–70%      70–80%      80–90%

The 2023 Ohio reproductive rights initiative,[2] officially titled "The Right to Reproductive Freedom with Protections for Health and Safety" and listed on the ballot as Issue 1,[3] was a citizen-initiated constitutional amendment adopted on November 7, 2023, by a majority (56.8%) of voters. It codified reproductive rights in the Ohio Constitution, including contraception, fertility treatment, miscarriage care, and abortion up to the point of fetal viability,[a] restoring Roe v. Wade-era access to abortion in Ohio.[4]

In 2019, the state legislature passed a six-week ban on abortion in Ohio, without exceptions for rape or incest.[5] The statute became active after the Supreme Court of the United States held in Dobbs v. Jackson Women's Health Organization that the U.S. Constitution does not confer a right to abortion. While the ban was in place, multiple children fled the state seeking abortions after being raped.[6] One such case involved a ten-year-old girl from Columbus, Ohio, who traveled to Indiana (where abortion was legal at the time) for the procedure, generating national attention and becoming a central campaign issue.[6] A state court put the ban on hold while a challenge alleging it violated the Ohio Constitution was heard.[7] Several members of the "no" campaign had called for bans on forms of birth control that prevent the implantation of a fertilized egg and in vitro fertilization if the initiative failed.[8][9]

The "yes" campaign drew support from Ohio medical organizations,[10] doctors,[10] economists,[11] trade unions,[12] editorial boards,[12] reproductive rights groups,[12] and several religious organizations.[13] They argued that a "yes" vote would further limited government, protect bodily autonomy and religious liberty, while preventing interference with patient-physician privacy.[9] The American College of Obstetricians and Gynecology, alongside other professional associations of doctors, campaigned in favor of Issue 1.[9][14] In August 2023, former President Donald Trump, who appointed three of the Supreme Court justices who voted to overturn Roe v. Wade, condemned six-week abortion bans, including Ohio's, as going "too far" and a "terrible mistake".[15][16] Religious groups were generally divided on the issue.[b][13]

Ohio's Issue 1 was the first time since the Dobbs decision that voters of a red state[c] were asked whether to enshrine abortion protections in their state constitution. As such, the referendum's approval was widely interpreted as evidence for a national consensus in favor of broad abortion rights.[18][19] Among those between 18 and 24 years old, an estimated 76% voted "yes" on Issue 1.[20] Some conservative political analysts and commentators called a continued alliance with the anti-abortion movement "untenable" and an "electoral disaster", and urged the party to adopt a more pro-choice stance on the issue.[21] Exit polling indicated that 61% of Ohioans agree that abortion should be legal in most or all cases, versus 37% who disagree.[22]

  1. ^ "2023 Official Election Results". Ohio Secretary of State. Retrieved December 7, 2023.
  2. ^ Tebben, Susan (August 24, 2023). "Split ballot board approves reproductive rights amendment summary written by Ohio Sec. of State". Ohio Capital Journal. Retrieved September 8, 2023.
  3. ^ Smith, Julie Carr (August 24, 2023). "Backers blast approved ballot language for Ohio's fall abortion amendment as misleading". Associated Press. Retrieved August 29, 2023.
  4. ^ a b Walsh, Maeve (March 13, 2023). "Abortion rights amendment certified by Ohio Ballot Board". WCMH-TV. Retrieved July 23, 2023.
  5. ^ Prosser, Maggie (April 11, 2019). "DeWine signs Heartbeat Bill into Ohio law. ACLU promises lawsuit". Akron Beacon Journal. Retrieved June 7, 2024. Abortions would be allowed if the woman's life is in danger, but it contains no exceptions for rape or incest.
  6. ^ a b Sherman, Carter (September 27, 2023). "Ohio supreme court battle over six-week abortion ban begins". The Guardian. ISSN 0261-3077. Retrieved October 1, 2023.
  7. ^ Burnett, Sara; Fernando, Christine (August 9, 2023). "Ohio vote shows enduring power of abortion rights at ballot box, giving Democrats a path in 2024". ABC News. Retrieved August 9, 2023.
  8. ^ Balmert, Jessie (September 24, 2023). "Why Ohio abortion opponents aren't banning abortion before Issue 1 vote". Cincinnati Enquirer. Retrieved September 25, 2023.
  9. ^ a b c Bazelon, Emily (September 12, 2023). "The Surprising Places Where Abortion Rights Are on the Ballot, and Winning". The New York Times. ISSN 0362-4331. Retrieved September 13, 2023.
  10. ^ a b Weiner, Stacy (September 21, 2023). "Abortion in America: From Roe to Dobbs and beyond". Association of American Medical Colleges. Retrieved September 23, 2023.
  11. ^ Schladen, Marty (August 29, 2023). "Economists: Abortion protections will lead to better outcomes for Ohio women". Ohio Capital Journal. Retrieved September 8, 2023.
  12. ^ a b c Wines, Michael (August 8, 2023). "What's at Stake in Ohio's Referendum on Amending the State Constitution". The New York Times. ISSN 0362-4331. Retrieved September 11, 2023.
  13. ^ a b Walsh, Maeve (July 17, 2023). "Ohio religious groups divided on abortion, Issue 1". WCMH-TV. Retrieved September 23, 2023.
  14. ^ Jaramillo, Cassandra (July 31, 2023). "Doctors Emerge as Political Force in Battle Over Abortion Laws in Ohio and Elsewhere". ProPublica. Retrieved September 14, 2023.
  15. ^ Editorial Board (September 17, 2023). "Trump's Terrible Abortion Comments". National Review. Retrieved October 25, 2023. Florida, Ohio, Georgia, and Iowa all have the sort of pro-life laws that Trump is now condemning.
  16. ^ Swan, Jonathan; Haberman, Maggie (September 17, 2023). "'A Terrible Mistake': Trump Criticizes DeSantis on Abortion Ban". The New York Times. ISSN 0362-4331. Retrieved September 18, 2023.
  17. ^ Horn, Dan (September 15, 2023). "Catholic Church gave $900K to fight Ohio's abortion rights amendment". The Cincinnati Enquirer. Archived from the original on September 18, 2023. Retrieved September 25, 2023.
  18. ^ Knowles, Hannah (November 7, 2023). "Abortion rights advocates win major victories in Ohio, Kentucky". The Washington Post. Retrieved November 8, 2023.
  19. ^ "Abortion rights win big in 2023 off-year elections". Axios. November 7, 2023.
  20. ^ "Exit polls for Ohio ballot measure election results 2023 | CNN Politics". CNN. November 7, 2023. Retrieved November 8, 2023.
  21. ^ Luciano, Michael (November 8, 2023). "Hannity Resigns Himself to Abortion Rights Victory in Ohio: 'If We're Really Gonna Be Honest About This…'". Mediaite. Retrieved November 8, 2023.
  22. ^ Filer, Christine; Langer, Gary; De Jong, Allison (November 7, 2023). "Ohio voters broadly support abortion access, early exit poll of ballot measure shows". ABC News. Retrieved November 8, 2023.


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