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November 10, 2023
Health Law Weekly

Ohio Voters Approve Constitutional Amendment Enshrining Abortion Access

  • November 10, 2023

Ohio residents voted November 7 in favor of an amendment to the state’s constitution spelling out individuals’ right to make decisions about their reproductive medical treatment, including abortion.

The amendment, which passed by a reported 56% to 44% margin, sets forth a constitutional right to an abortion up until the point of fetal viability. Under the amendment, an abortion is permitted at any point if a treating physician determines one is necessary to protect a woman’s life or health.

The vote comes after a special election in August in which Ohio voters rejected a ballot initiative to raise the threshold for passing constitutional amendments from a simple majority to 60%.

Ohio is the latest state to vote in favor of abortion rights. Last year, Kansas, Kentucky, and Montana rejected anti-abortion initiatives, while Michigan, California, and Vermont approved reproductive rights amendments to their states’ constitutions, according to the Center for Reproductive Rights.

An Ohio law passed in 2019 that banned most abortions after approximately six weeks, with no exceptions for rape or incest, went effect after the Supreme Court overturned Roe v. Wade last year. However, an Ohio trial court preliminary enjoined the law in October 2022. The appeal in that case currently is pending before the Ohio Supreme Court.

 

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