Ohio lawmakers seek to ban abortions in the state, treat the procedure as homicide

COLUMBUS, Ohio (WCMH) – A pair of Ohio lawmakers are attempting to ban and criminalize abortion, in a move that directly challenges voters' decision to enshrine reproductive rights into the state constitution.

Reps. Levi Dean (R-Xenia) and Jonathan Newman (R-Troy) plan to file the "Ohio Prenatal Equal Protection Act" on Wednesday, which would grant embryos and fetuses the same legal protections as citizens under state law from the moment of fertilization. Under the bill, having an abortion could lead to homicide charges.

The incoming legislation conflicts with a constitutional amendment that was passed by about 56% of voters in 2023, which protects Ohioans' right to make decisions about abortion, contraception, fertility treatment, miscarriage care and pregnancy.

A nonprofit working with the lawmakers, End Abortion Ohio, announced the bill in a news release on Tuesday. The organization claimed Ohio’s constitutional amendment protecting abortion should be "treated as null" because it violates the 14th Amendment of the United States Constitution by denying “preborn persons” the right to life. 

“In the Holy Scriptures, All men are created equal, being made in the image of God,” the news release states. “We must obey God rather than men, and we call upon our governing authorities to follow in that obedience.” 

Dan Kobil, a professor at Capital University Law School, said that based on the bill's summary in the news release, any “rational court” would rule the legislation unconstitutional if it were to pass the Statehouse. 

“The problem for the legislators is that they are bound by the Ohio constitution and cannot enact laws that are contrary to the Ohio constitution,” Kobil said. “Given how directly this violates the Ohio constitution, this appears to be little more than a publicity stunt.”

Kobil further said the organization’s argument regarding the U.S. Constitution would not hold up, as the state legislature does not have the authority to "finally enact" laws under the 14th Amendment.

“If Congress did enact a law saying something like this, then that could override the Ohio constitution, so federal laws do override state constitutions,” Kobil said. “However, their problem is they're attempting to make a state law that overrides Ohio's constitution, and they've simply not got the authority to do that.”

The reproductive rights group Abortion Forward criticized the lawmakers for introducing a bill that directly contradicts voters’ choice to enshrine reproductive rights, and stated the effort would strip Ohioans of their ability to make their own healthcare decisions.

“These out-of-touch anti-abortion extremists want to give legal rights to fertilized eggs, embryos and fetuses,” Executive Director Kellie Copeland said in a statement. “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.”

While Ohio lawmakers have introduced numerous abortion restriction bills over the years, this incoming act will mark the first one that would provide equal protection to embryos and fetuses under the law, according to the news release. Ohio Right to Life, a nonprofit that has long lobbied for abortion restrictions, told NBC4 it does not support the proposed legislation. 

“At no time have we supported criminalizing birth mothers who abort their children,” President Mike Gonidokis said. “Now is not the time to target pregnant women with misguided legislation, but to embrace the fact that women need real choices and life-affirming help to have a healthy child and raise them in Ohio. This legislation does not meet this standard.”

Since the beginning of this year, Republican lawmakers in 10 other states have introduced bills that aim to charge pregnant women with homicide if they receive an abortion. Currently, no state legally defines abortion as homicide. 

The sponsors of Ohio’s incoming bill did not immediately answer a request for comment.