Two Republican Ohio lawmakers have introduced a bill that would outright ban abortion in Ohio, legislation that some abortion opponents hope will push a more conservative U.S. Supreme Court to review past decisions legalizing abortion.
House Bill 565 would ban all abortions at all stages of pregnancy, even in cases of rape, incest or when the mother’s life is in danger. The bill makes an “unborn human” a person under Ohio’s criminal code regarding murder, manslaughter and homicide and allows wrongful death lawsuits.
Rep. Ron Hood, an Ashville Republican and bill sponsor, said it would be up to a prosecutor to decide what punishment to seek and who to charge. Unlike other abortion restrictions passed in recent years, the pregnant woman seeking an abortion could be charged with a crime.
Rep. Nino Vitale, an Urbana Republican and joint sponsor, characterized the absence of exceptions for the mother’s life as a “save them both” bill. The bill does provide immunity for physicians who indirectly or unintentionally cause the death of a fetus.
Vitale said many women who get pregnant from rape later regret their decision to abort.
“Life isn’t always giving us things by our choice and I don’t want to put a woman through a second trauma after she’s been through such an awful first one,” Vitale said.
Eighteen other House Republicans signed on as co-sponsors.
NARAL Pro-Choice Ohio said the bill would allow doctors to be charged with murder, punishable by life in prison or the death penalty.
“Anti-choice extremists from the Ohio Statehouse to the White House are lining up their dominoes to topple Roe v. Wade and punish those who seek or provide abortion care,” Executive Director Kellie Copeland said in a statement.
In 2016, Republican Gov. John Kasich vetoed the “heartbeat bill,” which would have banned abortion as early as six weeks into a woman’s pregnancy. He said at the time that the heartbeat bill would likely be found unconstitutional and instead signed a 20-week ban.