Updated Nov. 8, 2023, 6:01 A.M. ET
After months of campaigning, tens of millions of dollars in advertising and political machinations from lawmakers who oppose abortion rights, Ohioans voted overwhelmingly to pass an amendment that will enshrine abortion and reproductive rights into the state’s constitution.
The Associated Press called the race a little after 9 p.m.
Ohio becomes the seventh state to vote to affirm abortion rights since the U.S. Supreme Court struck down a constitutional right to abortion in June 2022. It's also the fourth Republican-run state where voters have upheld the right to abortion.
Lauren Blauvelt, a leader of the campaign, said passage of Issue 1 means the six-week abortion ban that's on hold but could be reinstated by the Ohio Supreme Court will no longer be constitutional.
"This has been such a long time coming. This campaign came together last year because we lost access. Because there was a dangerous abortion ban in Ohio, patients and families were being harmed and lives were being put at risk. There was no choice. We had to end the ban," Blauvelt said.
Doctors were a driving force behind the constitutional amendment effort. Some had sued the state in Hamilton County Common Pleas Court last fall, saying Ohio’s six-week ban was endangering women's lives. That ban was in place for 82 days, since hours after the U.S. Supreme Court overturned Roe v. Wade. The Ohio Supreme Court heard arguments on a technical issue related to the ban in September, and four of those who heard the case have publicly expressed pro-life views.
“We are now united in purpose that in 2023 is not only the most strategic year to place this on both for political reasons and resource reasons but also for the medical imperatives that our patients need," said Dr. Marcela Azevedo, president of Ohio Physicians for Reproductive Rights, when the ballot issue was launched in February.
Opponents had claimed the amendment would allow unregulated abortion, though the amendment says "abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient’s treating physician it is necessary to protect the pregnant patient’s life or health."
We persevered for 50 years to overturn Roe v. Wade. Ours is a movement that has always endured and always will. Tomorrow, the work starts again," Baer said.
The form that work will take is not entirely clear.
Opponents also claimed the amendment would eliminate parental rights, but even Republican Attorney General Dave Yost, who campaigned against Issue 1, said in a legal analysis that though it's likely to be challenged, "[t]he Amendment does not specifically address parental consent."
Aaron Baer, president of the group, Citizens for Christian Virtue, had pushed hard to kill the amendment. "Our hearts are broken tonight," Baer said.
Amy Natoce, a spokeswoman for Protect Women Ohio said the anti-abortion movement still has numerous high-level allies—from the governor’s office to the legislature.
“They’ll continue to do what they can within the bounds of this amendment," Natoce said.
GOP legislative leaders, however, say it's not a done deal. House Speaker Jason Stephens issued a statement minutes after the race was called, saying quote “the legislature has multiple paths that we will explore to protect .” And in a statement, Senate President Huffman called Tuesday a quote “revolving door of ballot campaigns to repeal or replace Issue 1.”
