Abortion advocates aim to surpass lawmakers using 2024 ballot measures

Inspired by the outcome of ballot measures in five states favoring abortion rights, activists are laying the groundwork to pursue ballot initiatives that would protect abortion rights in the Ohio Constitution.

“Protecting abortion access is more likely a question of when,” said Kellie Copeland, executive director of Pro-Choice Ohio. “It is not if.”

In the wake of the U.S. Supreme Court decision overturning Roe v Wade, a 2019 law took effect in Ohio that prohibited most abortions after five or six weeks of pregnancy. Almost immediately after the law took effect came reports that a 10-year-old rape victim had to leave the state for an abortion.

“In the case of abortion, officials are forcing people to remain pregnant against their will and without their consent,” said Copeland. “That is such a violation of the fundamental human right to bodily autonomy. That is when democracy itself is attacked; when people’s bodily autonomy is attacked, it is the most basic of human freedoms.”

When Ohio abortion clinics raised hazards in court, a Cincinnati judge temporarily stopped enforcement of the law, agreeing that it violated provisions in the Ohio Constitution. However, Ohio Attorney General, Dave Yost, is appealing the decision and is expected to make its way up to the state Supreme Court early next year.

“Ohioans must be prepared to fight against future attacks that will force citizens to travel across state lines to obtain the abortion care they need,” Isis Harvey President and CEO of Planned Parenthood Advocates of Ohio said in a statement. “We have in the past, and we will continue to do so in the future. This fact remains true; abortion is legal in Ohio and Ohioans want it to remain legal.”

The Republican State Representative, Brian Stewart, has introduced a resolution that would require a supermajority of Ohioans, 60%, as opposed to the current threshold of 50% plus one vote, to change the state constitution. The proposal has gained initiative after receiving public support from Frank LaRose, the Ohio secretary of state.

Kelly Hall, executive director of the Fairness Project, a group that aims to organize and support ballot measures, was quick to weigh in on how the decision impacts all Ohioans.

“Let’s be clear about what this announcement means, Ohio Republicans are planning a power grab in order to diminish voters’ power at the ballot box,” said Hall. “They know voters don’t agree with them on the issues, so they are changing the rules of the game.”

Stewart’s proposal has raised concerns surrounding gerrymandering, meaning that legislative districts for both state and federal office are drawn to advantage one party over another.

“When elections cease to be competitive because of voter suppression, because of gerrymandering, we don’t have a representative democracy anymore,” said Copeland.

She continued, “It is hard to imagine a political party doing more to undermine the voices of their citizens. In in governance, it is very clear to me that their agenda is to rule the people of Ohio, and not to represent us.”

Copeland and Hall both agree that getting abortion on the ballot exceeds just the protection reproductive rights, but it will show that Ohioans are accurately being represented by state officials.

“Abortion rights are well-suited to the ballot measure process because it gives voters the power to determine how they’ll be governed when elected leaders are out of sync with public opinion,” said Hall.

Copeland adds, “We want districts to represent our communities and not break them up.” She continued, “We want them to be reflective of the population, which simply means that the general balance of the legislature should probably be something that closely approximates the percentage of voters who vote for things statewide.”

The first step for abortion rights advocates is to craft language that addresses the political wishes of Ohioans, that at the same time, leaves very little wiggle room for state Supreme Court justices who will decide future cases based on the amendment, Hall said.

According to Hall, to successfully make it onto the 2024 ballot, the language will have to be filed by the first quarter of 2023.

“They’re starting now, because the process for getting any type of measure on the ballot takes a very long time,” said Hall.

Activists are encouraging those who disagree with recent lawmakers proposals to reach out to Ohio representatives via phone call, email, or tweet as a way to make the voices of the majority heard, Copeland said.

“Tell them why it’s important to you, why it matters and what it what it means to you specifically as someone living in Ohio…I think those are the kinds of things that elected officials should know,” she said.

Prepared for the long fight ahead, Copeland remains optimistic that Ohioans voices will be heard and prevail.

“Ultimately, I believe that the people will win because we are the majority, right?” said Copeland. “And people who’ve had abortions, or people who think they might need an abortion, people who are thinking of having abortions, they often ask, ‘Am I safe being pregnant in Ohio?’ I want people to know that there is a large, focused, and concerted effort to guarantee that people will be able to make their own reproductive health care decisions and we will not forsake people. We will win.”