November 2023 Ohio Issue 1

Issue 1

November 7, 2023 (2023-11-07)

Right to Reproductive Freedom with Protections for Health and Safety[1]
Results
Choice
Votes %
Yes 2,227,384 56.78%
No 1,695,480 43.22%
Total votes 3,922,864 100.00%

Yes:      50–60%      60–70%      70–80%      80–90%
No:      50–60%      60–70%      70–80%      80–90%

The 2023 Ohio reproductive rights initiative,[2] officially titled "The Right to Reproductive Freedom with Protections for Health and Safety", and listed on the ballot as Issue 1,[3] was a citizen-initiated constitutional amendment that was adopted on November 7, 2023, by a majority of 56.8% of voters. It codified reproductive rights in the Ohio Constitution, including contraception, fertility treatment, the choice whether to continue one's own pregnancy, and miscarriage care, restoring Roe v. Wade-era access in Ohio and protecting "the right to abortion up to the point of fetal viability" while permitting restrictions after.[a][4]

In 2019 the Ohio legislature passed a near-total ban on abortion, without exceptions for the health of the mother, rape, incest, or minors. This statute became active after Dobbs v. Jackson Women's Health Organization. During the time it was in place, multiple children fled the state for abortions after being raped.[5] One of these cases involved a ten-year-old girl from Columbus, Ohio who traveled to Indiana to get the procedure, generating nationwide attention and becoming a central campaign issue.[5] A state court put the ban on hold while a challenge alleging it violated the Ohio Constitution was heard.[6] Issue 1 was seen as determining whether Ohio's statute would remain; several members of the "no" campaign had called for bans on forms of birth control that prevent the implantation of a fertilized egg and in vitro fertilization if it fails.[7][8]

The "yes" campaign drew support from Ohio medical organizations,[9] doctors,[9] economists,[10] trade unions,[11] editorial boards,[11] reproductive rights groups,[11] and several religious organizations.[12] They argued that a "yes" vote would further limited government, protect bodily autonomy and religious liberty, while preventing interference with patient-physician privacy.[8] The American College of Obstetricians and Gynecology, alongside other professional associations of doctors, campaigned for Issue 1.[8][13] In late August 2023, former President Donald Trump, who appointed three of the Supreme Court justices who voted to overturn Roe v. Wade, condemned six-week abortion bans, including Ohio's, as going "too far" and a "terrible thing and terrible mistake".[14][15] Religious groups were generally divided on the issue.[b][12]

Ohio is a moderately conservative state;[17] Donald Trump easily won the state over Joe Biden in the 2020 presidential election,[17] so the results of the referendum were widely expected to be a bellwether on whether there is a unified American consensus on abortion rights; voters have supported the "pro-choice" side along both bipartisan and overwhelming margins in referendums conducted since the overturning of Roe v. Wade in 2022.[18][19] Ohio's neighbor Michigan had a similar referendum a year earlier in November of 2022, and it passed by almost the exact same margin.

Although similar ballot measures had passed in blue strongholds such as California, and even blue swing states like Michigan, and abortion restrictions had been defeated in red states like Kansas and Kentucky, this was the first time since the Dobbs decision that citizens of a conservative state were asked to enshrine abortion protections into the state constitution. As such, the result of the referendum was widely seen as establishing a national consensus in favor of broad abortion rights, marking a continued trend in ballot measures since the Dobbs decision.[20][21] Among those between 18 and 24 years old, an estimated 76% voted for Issue 1.[22] Some conservative political analysts and commentators called a continued alliance with the anti-abortion movement "untenable" and an "electoral disaster", and urged the party to adopt a more pro-choice stance on the issue.[23] Exit polling indicated that 61% of Ohioans agree that abortion should be legal in all or most cases, versus only 37% who disagree.[24]

  1. ^ "2023 Official Election Results". Ohio Secretary of State. Retrieved December 7, 2023.
  2. ^ Tebben, Susan (August 24, 2023). "Split ballot board approves reproductive rights amendment summary written by Ohio Sec. of State". Ohio Capital Journal. Retrieved September 8, 2023.
  3. ^ Smith, Julie Carr (August 24, 2023). "Backers blast approved ballot language for Ohio's fall abortion amendment as misleading". Associated Press. Retrieved August 29, 2023.
  4. ^ Walsh, Maeve (March 13, 2023). "Abortion rights amendment certified by Ohio Ballot Board". WCMH-TV. Retrieved July 23, 2023.
  5. ^ a b Sherman, Carter (September 27, 2023). "Ohio supreme court battle over six-week abortion ban begins". The Guardian. ISSN 0261-3077. Retrieved October 1, 2023.
  6. ^ Burnett, Sara; Fernando, Christine (August 9, 2023). "Ohio vote shows enduring power of abortion rights at ballot box, giving Democrats a path in 2024". ABC News. Retrieved August 9, 2023.
  7. ^ Balmert, Jessie (September 24, 2023). "Why Ohio abortion opponents aren't banning abortion before Issue 1 vote". Cincinnati Enquirer. Retrieved September 25, 2023.
  8. ^ a b c Bazelon, Emily (September 12, 2023). "The Surprising Places Where Abortion Rights Are on the Ballot, and Winning". The New York Times. ISSN 0362-4331. Retrieved September 13, 2023.
  9. ^ a b Weiner, Stacy; Ziegler, Mary (September 21, 2023). "Abortion in America: From Roe to Dobbs and beyond". AAMC. Retrieved September 23, 2023. In Ohio, the main force behind the ballot initiative was physicians who said we are not willing to practice medicine under this regime and we think voters support us.
  10. ^ Schladen, Marty (August 29, 2023). "Economists: Abortion protections will lead to better outcomes for Ohio women". Ohio Capital Journal. Retrieved September 8, 2023.
  11. ^ a b c Wines, Michael (August 8, 2023). "What's at Stake in Ohio's Referendum on Amending the State Constitution". The New York Times. ISSN 0362-4331. Retrieved September 11, 2023.
  12. ^ a b Walsh, Maeve (July 17, 2023). "Ohio religious groups divided on abortion, Issue 1". WCMH-TV. Retrieved September 23, 2023.
  13. ^ Jaramillo, Cassandra (July 31, 2023). "Doctors Emerge as Political Force in Battle Over Abortion Laws in Ohio and Elsewhere". ProPublica. Retrieved September 14, 2023.
  14. ^ Editorial Board (September 17, 2023). "Trump's Terrible Abortion Comments". National Review. Retrieved October 25, 2023. Florida, Ohio, Georgia, and Iowa all have the sort of pro-life laws that Trump is now condemning.
  15. ^ Swan, Jonathan; Haberman, Maggie (September 17, 2023). "'A Terrible Mistake': Trump Criticizes DeSantis on Abortion Ban". The New York Times. ISSN 0362-4331. Retrieved September 18, 2023.
  16. ^ Horn, Dan (September 15, 2023). "Catholic Church gave $900K to fight Ohio's abortion rights amendment". The Cincinnati Enquirer. Archived from the original on September 18, 2023. Retrieved September 25, 2023.
  17. ^ a b Lerer, Lisa; Goldmacher, Shane (November 4, 2023). "Will Abortion Dominate the 2024 Elections? Tuesday Will Offer Clues". The New York Times. ISSN 0362-4331. Retrieved November 7, 2023.
  18. ^ "Ohio's abortion rights ballot measure could provide insights into 2024 elections". PBS NewsHour. November 7, 2023. Retrieved November 7, 2023.
  19. ^ Bazelon, Emily (September 12, 2023). "The Surprising Places Where Abortion Rights Are on the Ballot, and Winning". The New York Times. ISSN 0362-4331. Retrieved November 7, 2023.
  20. ^ Knowles, Hannah (November 7, 2023). "Abortion rights advocates win major victories in Ohio, Kentucky". The Washington Post. Retrieved November 8, 2023.
  21. ^ "Abortion rights win big in 2023 off-year elections". Axios. November 7, 2023.
  22. ^ "Exit polls for Ohio ballot measure election results 2023 | CNN Politics". CNN. November 7, 2023. Retrieved November 8, 2023.
  23. ^ Luciano, Michael (November 8, 2023). "Hannity Resigns Himself to Abortion Rights Victory in Ohio: 'If We're Really Gonna Be Honest About This…'". Mediaite. Retrieved November 8, 2023.
  24. ^ Filer, Christine; Langer, Gary; De Jong, Allison (November 7, 2023). "Ohio voters broadly support abortion access, early exit poll of ballot measure shows". ABC News. Retrieved November 8, 2023.


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