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Ohio Abortion Criminalization Initiative (2017)

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Ohio Abortion Criminalization Initiative
Flag of Ohio.png
Election date
November 7, 2017
Topic
Abortion
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The Ohio Abortion Criminalization Initiative was not on the ballot in Ohio as an initiated constitutional amendment on November 7, 2017.

The measure was designed to criminalize procuring, performing, or attempting to perform an abortion as aggravated murder.[1]

Text of measure

Ballot title

The proposed ballot title was:[1]

To criminalize the killing, known as "abortion," of all pre-born human beings in the Ohio Constitution.[2]

Ballot summary

The proposed ballot title was:[1]

To prohibit abortion of all unborn human beings, without exception, and classifying it as aggravated murder in the State of Ohio.

The proposed law would not:

1. Affect genuine contraception that acts solely by preventing the creation of a new human being.
2. Affect human "eggs" or oocytes prior to the beginning of the life of a new human being.
3. Affect reproductive technology or IVF procedures that respect the right to life of newly created human beings.[2]

Constitutional changes

See also: Article XV, Ohio Constitution

The measure would have added a Section 12 to Article XV of the Ohio Constitution:

Section 12. (A) As used in this section:
(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn human.
(2) "Unborn human" means an individual organism of the species Homo sapiens from fertilization, whether fertilization occurs inside or outside of a human, until live birth.

(B) No person shall perform, procure, or attempt to perform an abortion.

(C) Whoever violates this section is guilty of aggravated murder, and shall be punished in accordance with the penalties for that crime under the law passed by the General Assembly in effect on the effective date of this section, or in accordance with the penalties for a crime replacing aggravated murder under law passed by the General Assembly.[2]

Support

The initiative petition was submitted by Laura Burton, Anthony Dipane, and Dustin Paulson. Dipane described the three as "just three Christians in Ohio. We saw that since Roe v. Wade (the 1973 decision legalizing abortion) no one had proposed a ballot issue saying you can't murder babies."[3]

Opposition

Kellie Copeland, Executive Director of NARAL Pro-Choice Ohio, said the initiative would "punish women, plain and simple. If passed, women and doctors would be imprisoned for any abortion, even one to save a woman’s life. Also, the language would block prescription birth control, emergency contraception, IUDs, and could impact access to in-vitro fertilization."[3]

Path to the ballot

See also: Laws governing the initiative process in Ohio

Petitioners submitted a petition for the initiative, along with 1,006 signatures, to the Ohio Attorney General on September 2, 2016.[1] Supporters were required to turn 1,000 signatures in with the petition. On September 12, 2016, Attorney General Mark DeWine (R) rejected the petition because only 842 of the 1,006 signatures turned in were deemed valid.[4]

Dustin Paulson, one of the initiative's sponsors, stated, "Quitting is not an option. We’re not going to stop this. We’re going to keep pushing for this to stick. So the Attorney General and the Secretary of State and the board of elections, they better get used to us coming back again and again and again. We’re not going to stop on this."[5]

See also

External links

Footnotes