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Ohioans pass Issue 1, protecting access to abortion, contraception

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Posted at 9:03 PM, Nov 07, 2023
and last updated 2023-11-07 23:43:27-05

Votes are still being counted, but so far, Ohioans voted in favor of the Issue 1, according the Associated Press and Scripps News.

The proposal protects reproductive rights by enshrining them into the state constitution.

Based on the votes received, there was a significant increase in participation from Democratic strongholds across the state, who largely voted in favor of Issue 1, one that conservative areas couldn’t keep up with.

RELATED: Ohio Democratic-stronghold counties exceeding early voting expectations for election on abortion, marijuana

Watch a livestream of results and ongoing election coverage here:

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Ohio's U.S. Senator Sherrod Brown was one of the first to issue a statement after Issue 1 was projected to pass, saying:

“Tonight, Ohioans made it clear that women’s health care decisions should be between them and their doctors, not politicians. That’s what I’ve always believed and will continue to fight for in the U.S. Senate. My opponents disagree and have made it clear they would overrule Ohioans by voting for a national abortion ban. While my opponents work to ban abortion, I will continue fighting for and standing with the people of Ohio.”

President Biden issued this statement on the passage of Issue 1:

"Tonight, Americans once again voted to protect their fundamental freedoms – and democracy won. In Ohio, voters protected access to reproductive health in their state constitution. Ohioans and voters across the country rejected attempts by MAGA Republican elected officials to impose extreme abortion bans that put the health and lives of women in jeopardy, force women to travel hundreds of miles for care, and threaten to criminalize doctors and nurses for providing the health care that their patients need and that they are trained to provide. This extreme and dangerous agenda is out-of-step with the vast majority of Americans. My Administration will continue to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law once and for all."

Cleveland Mayor Justin Bibb released this statement on the passage of issues 1 and 2:

“For the second time this year, Ohioans showed our state legislature that no one can deny the will of the people. Government overreach into personal, private decisions won’t be tolerated.We organized across the state to protect our freedoms and we won - again. We refused to go backward. With abortion enshrined in our state constitution, people will officially have the freedom to determine their own reproductive health care decisions. Our doctors will practice without fear and in the best interest of their patients. And no longer will we put women needlessly at risk.

"Decriminalizing marijuana is a victory for all of us. State Issue 2’s passage promotes safe use, reduces the barriers that disproportionately target Black and brown people and finally ends the prison pipeline for cannabis use.

"Tonight’s results send a clear message to the country: abortion and marijuana legalization are winning issues. They are common-sense issues. While Republicans are a party of the past, pushing to restrict people’s individual freedom at every turn, the Democratic party trusts the American people to make the decisions that are best for them.We have momentum in Ohio. The upcoming fight in 2024 will be no different. Ohioans know Sherrod Brown always has our backs in the U.S. Senate. We won’t be fooled by any Republican tricks to deprive us of our rights.”

Protect Woman Ohio, a group that opposed Issue 1, released this statement:

"Our hearts are broken tonight not because we lost an election, but because Ohio families, women and children will bear the brunt of this vote. When Michigan voters passed a similar amendment last year, they were sold the lie that parental rights would be unaffected, that late-term abortion would remain illegal, and that women’s health and safety standers would not be touched. But just last week, the Michigan legislature voted to repeal penalties for partial-birth abortions, to eliminate health and safety protections at abortion facilities, and they called parental consent laws “unconstitutional.” They even vowed to come for informed consent laws and 24-hour waiting periods next. We know the same barbaric attacks on parents and children are now coming home to Ohio.

"But rest assured: the pro-life movement is more united than ever. We stand ready during this unthinkable time to advocate for women and the unborn, just as we have always done. 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 as we fight to be a voice for the voiceless and advocate for women and parents.

"We know that Issue 1 does not represent Ohio values. It took $35 million in out-of-state funding and ads filled with fear and deceit to push through the most radical abortion agenda in the country. An agenda that will cement late-term abortion in our constitution, strip parents of their rights, and wipe out health and safety protections for women. This is not the Ohio way, and we are united in our fight against these extreme policies.

"We would like to thank Governor DeWine for his leadership – Ohio is a safer place with him at the helm. Our medical community, church leaders, the Catholic Conference and Susan B. Anthony Pro-Life America were invaluable partners in this fight, and together we will continue this critical work to protect Ohio families. We are just getting started."

News 5 has ongoing live coverage with Statehouse/Columbus bureau reporter Morgan Trau, who has been covering abortion in Ohio for nearly two years.

View our updates from Election Day on our live blog here.

Why it matters

"The Right to Reproductive Freedom with Protections for Health and Safety" allows every person to have the legal choice on abortion, contraception, fertility treatment, miscarriage care and continuing a pregnancy. It also prohibits the state from interfering or penalizing an individual's voluntary exercise of this right or anyone or entity that helps in utilizing this right.

RELATED: What is Ohio Issue 1? We explain the abortion amendment

What’s next

Abortion law would likely go back to where it was pre-Roe, according to Case Western Reserve University law professor Atiba Ellis. This means abortion would be allowed until 22 weeks.

Republican lawmakers would not be able to overturn this since it is a constitutional amendment. The only way it could be overturned is by another constitutional amendment proposal, which would require putting a reversal measure on a future ballot that would then need a majority vote.

If the General Assembly passes laws that advocates say violate the amendment, the state would be taken to court, according to abortion rights supporters.

Around the country

Each state that has put up a vote on abortion rights has kept the healthcare treatment or procedure legal. Here is by which percentage it was protected:

  • Kentucky — 52.3%
  • Montana — 52.5%
  • Michigan — 56.6%
  • Kansas — 59%
  • California — 66%
  • Vermont — 76.7%
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