CLEVELAND — Ohio voters have passed Issue 1, creating a constitutional amendment guaranteeing an individual right to abortion and other forms of reproductive health care.
It's the latest victory for abortion rights supporters since the United States Supreme Court overturned Roe v. Wade on June 24, 2022, giving individual states the opportunity to decide their own laws on the matter. Ohio became the seventh state where voters decided to protect abortion access after last year's landmark ruling.
Ohio was the only state to consider a statewide abortion-rights question this year, fueling tens of millions of dollars in campaign spending, boisterous rallies for and against the amendment, and months of advertising and social media messaging, some of it misleading.
Issue 1 will take effect on Dec. 7 of this year, 30 days after Election Day.
Reaction to the passing of Issue 1 came swiftly from federal, state, and local leaders.
President Joe Biden
"Tonight, Americans once again voted to protect their fundamental freedoms – and democracy won. In Ohio, voters protected access to reproductive health in their state constitution. Ohioans and voters across the country rejected attempts by MAGA Republican elected officials to impose extreme abortion bans that put the health and lives of women in jeopardy, force women to travel hundreds of miles for care, and threaten to criminalize doctors and nurses for providing the health care that their patients need and that they are trained to provide. This extreme and dangerous agenda is out-of-step with the vast majority of Americans. My Administration will continue to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law once and for all."
Vice President Kamala Harris
U.S. Sen. Sherrod Brown (D-OH)
“Tonight, Ohioans made it clear that women’s health care decisions should be between them and their doctors, not politicians. That’s what I’ve always believed and will continue to fight for in the U.S. Senate. My opponents disagree and have made it clear they would overrule Ohioans by voting for a national abortion ban. While my opponents work to ban abortion, I will continue fighting for and standing with the people of Ohio.”
Cleveland Mayor Justin Bibb
“For the second time this year, Ohioans showed our state legislature that no one can deny the will of the people. Government overreach into personal, private decisions won’t be tolerated.
"We organized across the state to protect our freedoms and we won - again. We refused to go backward. With abortion enshrined in our state constitution, people will officially have the freedom to determine their own reproductive health care decisions. Our doctors will practice without fear and in the best interest of their patients. And no longer will we put women needlessly at risk."
Ohio House Speaker Jason Stephens
"As a 100% pro-life conservative, I remain steadfastly committed to protecting life, and that commitment is unwavering. The legislature has multiple paths that we will explore to continue to protect innocent life. This is not the end of the conversation."
Cleveland Bishop Edward Malesic
"Today is a very sad, disheartening day for me, as I am sure it is for so many of you who have championed the great cause of upholding the sanctity of human life, from the moment of conception. Even though our efforts to overcome the enshrinement of abortion into our state constitution failed, we must never give up on the just cause to support a culture that values every life, at every stage.
"We must recommit ourselves to supporting pregnant women in need through our ministries that serve them – whether they face challenging pregnancies or find it extremely difficult to care for their children after birth. We must continue our work to care for these vulnerable women by providing physical, emotional and spiritual support through places like Zelie’s Home, the Christ Child Society and the many programs offered by Catholic Charities.
"Please join me in praying and persisting in our mission to protect every life, which is foundational to our faith and in our belief that every life is a priceless, precious gift from God."
Here is how Issue 1's changes are outlined by the certified ballot language:
- Establish in the Constitution of the State of Ohio an individual right to one’s own reproductive medical treatment, including but not limited to abortion;
- Create legal protections for any person or entity that assists a person with receiving reproductive medical treatment, including but not limited to abortion;
- Prohibit the State from directly or indirectly burdening, penalizing or prohibiting abortion before an unborn child is determined to be viable, unless the State demonstrates that it is using the least restrictive means;
- Grant a pregnant woman’s treating physician the authority to determine, on a case-by-case basis, whether an unborn child is viable;
- Only allow the State to prohibit an abortion after an unborn child is determined by a pregnant woman’s treating physician to be viable and only if the physician does not consider the abortion necessary to protect the pregnant woman’s life or health;
- Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician’s determination, the abortion is necessary to protect the pregnant woman’s life of health.
The passage of Issue 1 undoes a 2019 state law passed by Republicans that bans most abortions after around six weeks into pregnancy, with no exceptions for rape and incest. That law, also referred to as the "Heartbeat Bill," is being held up in court. It was one of roughly two dozen restrictions on abortion the Ohio Legislature has passed in recent years.
Tuesday's vote followed an August special election called by the Republican-controlled Ohio Legislature that was aimed at making future constitutional changes harder to pass by increasing the threshold from a simple majority vote to 60%. That proposal was aimed in part at undermining the abortion-rights measure decided Tuesday.
Voters overwhelmingly defeated that special election question, setting the stage for the high-stakes fall abortion campaign.