Ballot Measure in Ohio Includes ‘Unborn Child’ Following Decision by Election Official

The Ohio Ballot Board has approved the language for a measure that aims to establish abortion access as a fundamental right in the upcoming fall. However, one Democratic member strongly criticized the language, calling it “rife with misleading and defective language.” The concerns revolve around the language developed by Republican Secretary of State Frank LaRose, who is against abortion. There are warnings that the language could face a legal challenge even before it goes before Ohio voters in November. Notably, the word “fetus” in the Democrats’ proposal was changed to “unborn child” in the final ballot measure.

The original summary language seeks to ensure abortion access until viability, which is when the fetus can survive outside the womb. It stated that “abortion may be prohibited after fetal viability,” except when a treating physician deems it necessary to protect the life or health of the pregnant person. However, LaRose’s summary flips that section around and states that the amendment would “always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician’s determination,” the life and health exception applies.

Lauren Blauvelt, co-chair of Ohioans United for Reproductive Rights, denounced the entire summary as propaganda. She pointed out that the state’s Republican attorney general, Dave Yost, had certified the group’s original wording as fair and accurate, and that 700,000 Ohioans read it when they signed petitions to get the measure on the fall ballot. Blauvelt emphasized that the amendment is clear about reproductive freedom and healthcare decisions, which Ohioans should have the right to make for themselves. Ultimately, the vote in November will revolve around these issues. The measure aims to establish “a fundamental right to reproductive freedom” with reasonable limits.

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