Ohio Bill Seeks to Ban and Criminalize Abortion: What We Know

Republican lawmakers in Ohio have introduced a bill that seeks to ban almost all abortions in the state and criminalize the procedure.

State Representatives Levi Dean and Johnathan Newman introduced the Ohio Prenatal Equal Protection Act on Wednesday. The bill would grant legal protections from the moment of fertilization, meaning abortion would be treated as homicide, in a challenge to an abortion rights amendment to the State Constitution that voters approved in 2023.

Newsweek reached out to Dean and Newman for comment via email.

Why It Matters

Since the Supreme Court overturned Roe v. Wade, anti-abortion activists have been pushing measures to enshrine the rights of fetuses in a bid to end abortion nationwide.

Ohio voters enshrined abortion protections in 2023, prompting judges to strike down abortion bans in the state. Abortion is legal up to 20 weeks from fertilization in Ohio.

While Republicans in Ohio have historically passed abortion restrictions and bans, legislation in the past has been aimed at penalizing abortion providers rather than the people who have them.

But the new bill, if enacted, would change that. It could also affect in vitro fertilization (IVF) and some forms of contraception.

What To Know

End Abortion Ohio, which collaborated with Dean and Newman to draft the bill, says the constitutional amendment approved in 2023 violates the U.S. Constitution's Equal Protection Clause.

Austin Beigel, the president of End Abortion Ohio, told Newsweek the bill is "a very, very simple piece of legislation" that "grants personhood to all human beings."

The bill would ensure that "from the moment of fertilization, when you have a new, distinct living organism, you have personhood rights, and you have the equal protection of the law," he said. "So the same laws that protect a born infant will protect that same person inside their mother's womb."

Beigel added that while the bill does not explicitly mention IVF, the "natural consequence of personhood rights for all human beings includes those currently living in petri dishes and cryochambers across our country and our state."

Abortion rights advocates say the bill goes against the will of Ohio voters.

"Ohioans spoke loud and clear that we want our access to reproductive healthcare protected, not attacked when we passed the Ohio Reproductive Freedom Amendment in 2023," Kellie Copeland, the executive director of Abortion Forward, which worked to pass the amendment, said in a statement to Newsweek.

Beigel said that his organization is not concerned about going against what voters want because "the will of the majority of voters was for something evil."

"They were asking for the right to murder another person...and so we are proud to stand against evil, even when evil is the majority," he added.

Other groups that support abortion bans—Ohio Right to Life and Citizens for Christian—do not support the legislation, according to The Cincinnati Enquirer.

What People Are Saying

Abortion Forward executive director Kellie Copeland, in a statement to Newsweek: "Voters in Ohio sent a clear message in 2023 we must be free to make our own decisions, define our own path in life, and safely care for our families and communities. Deciding if, when, or how to become a parent is one of the most important decisions we make. These decisions should be up to each individual Ohioan, not government.

"These out-of-touch anti-abortion extremists want to give legal rights to fertilized eggs, embryos and fetuses. This would strip Ohioans' ability to make decisions for our lives, health, and well-being, including banning all abortion care, banning some types of birth control, and denying IVF treatment that helps people build their families.

"Bills like this embolden law enforcement to surveil and investigate people for their actions during pregnancy – families and loved ones could be targeted by law enforcement for helping someone access an abortion, miscarriage care, or even IVF. Black people, other people of color and immigrants are most likely to be targeted, questioned, and harmed by policies like this."

End Abortion Ohio, in a statement: "Ohio's pro-abortion constitutional amendment should be treated as null and void because it flagrantly violates the Equal Protection Clause of the 14th Amendment to the U.S. Constitution by denying preborn persons the right to life. In appealing to the 14th Amendment, the Ohio Prenatal Equal Protection Act appeals to a higher law; the U.S. Constitution.

"But even so, we appeal to the highest law; the law of God. In the Holy Scriptures, All men are created equal, being made in the image of God."

Ohio Right to Life President Mike Gonidakis told The Cincinnati Enquirer: "We have never supported criminalizing a woman for having an abortion, and we never will. It's completely out of bounds and inappropriate."

Democratic National Committee chair Ken Martin, in a statement: "Mere days after an anti-abortion fanatic targeted and killed reproductive rights advocates, Republicans in the Ohio legislature have decided that women who receive abortions are the actual threat. Ohio Republicans intend to charge women who receive abortions with homicide, ban IVF, and even some forms of contraception, as they proudly go against the people of Ohio. Nearly three years ago, Donald Trump opened the door to these extreme anti-choice policies through the overturning of Roe v. Wade. Now, with Trump's blessing, the far-right has declared war on women's rights."

What Happens Next

Beigel said the legislation has garnered seven co-sponsors so far. But while Republicans control both chambers of the Ohio Legislature, it remains to be seen whether the bill will have enough support to pass.

Republican House Speaker Matt Huffman told the Enquirer it's too early to know where House Republicans stand on the bill.