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November 2023 Ohio Issue 1

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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 adopted on November 7, 2023, by a majority (56.8%) of voters. It codified reproductive rights in the Ohio Constitution, including contraception, fertility treatment, miscarriage care, and abortion up to the point of fetal viability,[a] restoring Roe v. Wade-era access to abortion in Ohio.[4]

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%

In 2019, the state legislature passed a six-week ban on abortion in Ohio, without exceptions for rape or incest.[5] The statute became active after the Supreme Court of the United States held in Dobbs v. Jackson Women's Health Organization that the U.S. Constitution does not confer a right to abortion. While the ban was in place, multiple children fled the state seeking abortions after being raped.[6] One such case involved a ten-year-old girl from Columbus, Ohio, who traveled to Indiana (where abortion was legal at the time) for the procedure, generating national attention and becoming a central campaign issue.[6] A state court put the ban on hold while a challenge alleging it violated the Ohio Constitution was heard.[7] 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 the initiative failed.[8][9]

The "yes" campaign drew support from Ohio medical organizations,[10] doctors,[10] economists,[11] trade unions,[12] editorial boards,[12] reproductive rights groups,[12] and several religious organizations.[13] They argued that a "yes" vote would further limited government, protect bodily autonomy and religious liberty, while preventing interference with patient-physician privacy.[9] The American College of Obstetricians and Gynecology, alongside other professional associations of doctors, campaigned in favor of Issue 1.[9][14] In 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 mistake".[15][16] Religious groups were generally divided on the issue.[b][13]

Ohio's Issue 1 was the first time since the Dobbs decision that voters of a red state[c] were asked whether to enshrine abortion protections in their state constitution. As such, the referendum's approval was widely interpreted as evidence for a national consensus in favor of broad abortion rights.[18][19] Among those between 18 and 24 years old, an estimated 76% voted "yes" on Issue 1.[20] 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.[21] Exit polling indicated that 61% of Ohioans agree that abortion should be legal in most or all cases, versus 37% who disagree.[22]

Text

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Be it Resolved by the People of the State of Ohio that Article I of the Ohio Constitution is amended to add the following Section:

Article I, Section 22. The Right to Reproductive Freedom with Protections for Health and Safety

A. Every individual has a right to make and carry out one's own reproductive decisions, including but not limited to decisions on:

  1. contraception;
  2. fertility treatment;
  3. continuing one's own pregnancy;
  4. miscarriage care; and
  5. abortion

B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either:

  1. An individual's voluntary exercise of this right or
  2. A person or entity that assists an individual exercising this right

unless the State demonstrates that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care.

However, abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient's treating physician it is necessary to protect the pregnant patient's life or health.

C. As used in this Section:

  1. "Fetal viability" means "the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. This is determined on a case-by-case basis."
  2. "State" includes any governmental entity and any political subdivision.

D. This Section is self-executing.

Background

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The number of abortion clinics in Ohio has substantially decreased.

Heartbeat bill

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In April 2019, the Ohio legislature passed and Governor Mike DeWine signed a "heartbeat bill" that banned abortion after a fetal heartbeat can be detected,[5] which usually occurs about six weeks after conception, before many know they are pregnant.[23] The bill allowed exceptions for threats to the mother's life, but not for rape or incest.[5] The statute was blocked by a federal judge in July 2019, a week before going into effect.[24] It first became active three years later in July 2022, hours after the Supreme Court of the United States issued its decision in Dobbs v. Jackson Women's Health Organization.[23] The Supreme Court ruled that the U.S. Constitution does not confer a right to abortion, overturning Roe v. Wade and allowing states to impose unlimited restrictions on abortion access.[25] The statute was in effect for 82 days before a state court blocked it temporarily in September 2022, and ultimately blocked it indefinitely.[26][27]

2022 Ohio child-rape and Indiana abortion case

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Main article: 2022 Ohio child-rape and Indiana abortion case

While the six-week abortion ban was in place, multiple children fled the state for abortions after being raped.[6] The most notable case involved a ten-year-old girl from Columbus, Ohio, who traveled to Indiana on June 30, 2022, to get an abortion. Her case drew national attention and commentary from public figures, due in part to its proximity to the June 24, 2022, decision of the Supreme Court of the United States in Dobbs.[7][28][29][30]

Her rapist was arrested by July 13. Before this arrest was made public, Ohio politicians who oppose legal abortion access called the story a hoax; Ohio Attorney General Dave Yost said, "Every day that goes by, the more likely that this is a fabrication."[31] After news of the arrest validated the Star's story, these sources did not apologize for claiming the story was a hoax.[32] Jim Bopp, the general counsel for the National Right to Life Committee, said in an interview that the child should have been legally forced to carry the pregnancy to full term and give birth, and that "She would have had the baby, and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child."[33] In September 2022, shortly after Ohio's six-week abortion ban went into effect, a woman made national news when she almost bled to death after an Ohio hospital refused to treat her miscarriage.[34]

National context

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Since Roe v. Wade was overturned in 2022, voters supported the "pro-choice" side in state referendums along overwhelming and bipartisan margins.[9][35] In November 2022, Ohio's neighbor Michigan held a similar referendum, called Proposal 3, which passed 57%–43%.[9] While Michigan is considered a swing state,[9] Ohio is socially conservative:[36] Donald Trump won the state by 8% over Joe Biden in the 2020 presidential election.[37] In other red states, voters rejected measures intending to restrict abortion, such as in the 2022 Kansas abortion referendum and 2022 Kentucky Amendment 2.[9] Because Ohio's Issue 1 asked voters whether to explicitly protect abortion, it was widely expected to be a bellwether for the national opinion on abortion rights.[36]

Ballot measure submission

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On February 21, 2023, Ohioans for Reproductive Freedom, the group leading support for the initiative, filed the amendment's language with the office of Ohio Attorney General, Dave Yost,[38] who certified it on March 2. The proposed amendment was then sent to the Ohio Ballot Board,[39] which further certified it on March 13, permitting supporters to begin collecting signatures.[4] On July 5, supporters filed 709,786 signatures, nearly 300,000 more than the minimum number required. The Ohio Secretary of State, Frank LaRose, certified the petition on July 25, 2023, after certifying 495,938 valid signatures, more than the approximately 410,000 required.[40]

Attempt to change threshold

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The Ohio Republican Party tried to increase the threshold required for referendum passage to 60%, in an attempt to thwart the proposed constitutional amendment. The threshold change was put to public vote in an August 8 special election, known as August 2023 Ohio Issue 1. Voters rejected the change 57%–43%, keeping the threshold for passage at a simple majority.[41] It was defeated by a nearly identical margin to November 2023 Ohio Issue 1 passing three months later.[42]

Rejected ballot challenge

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On August 11, 2023, the Ohio Supreme Court unanimously rejected a lawsuit – filed by Republican former state Representative Tom Brinkman and 2022 Republican state representative candidate Jenn Giroux – that would keep the initiative off the ballot.[43][44]

Campaign

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The campaign for the initiative drew support from Ohio scientific and medical communities,[45][46] economists,[11] trade unions,[12] editorial boards,[12] human rights,[12] and many religious organizations. They argued that the initiative would limit government, protect bodily autonomy and religious liberty, and prevent interference with personal medical decisions, including another situation similar to the aforementioned abortion case.[9] The American College of Obstetricians and Gynecologists, alongside other professional associations of physicians, campaigned for the citizen-initiated constitutional amendment.[9] According to legal historian Mary Ziegler, "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]

While several Ohio's Catholic dioceses condemned the measure, many Catholic voters were expected to vote for "yes", along with several dissenting groups, including Catholics for Choice.[47]

Controversies

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Comments by ORTL activist Lizzie Marbach

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Lizzie Marbach
@LizzieMarbach
  

The use of birth control, IVF, & other unnatural means of "family planning" has brainwashed us into believing that WE are the authors of when life begins.

This belief has caused so much evil and ultimately led to the death of over 60 million babies due to abortion.

September 11, 2023[48]

Shortly before the election, there was a major rift within the Ohio Right to Life (ORTL) organization. The campaign suffered from intense infighting after comments made by Lizzie Marbach, the organization's communications director.[49] Marbach called for restrictions or bans on birth control and in vitro fertilization, after which she was fired in mid-August 2023.[49]

Marbach also described an image of the Virgin Mary in a Mexican Catholic church as "idolatry". Several Catholic anti-abortion activists urged opponents of the measure to not cast a ballot, or, cast one intentionally spoiled as a protest vote in the wake of the controversy, stating that the "against" campaign was furthering anti-Catholicism.[49]

Ballot wording

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Proponents of the amendment initially suggested that the amendment appear in full on voters' ballots in November. However, the Ohio Ballot Board substituted its own summary wording to appear before voters. The summary, written by Ohio Secretary of State and Republican Senate candidate Frank LaRose and approved by the Ballot Board's Republican majority, received criticism for its allegedly biased language, including opting for the phrase "unborn child" over the medically accurate term "fetus" and omitting reference to other rights the proposed amendment would protect, including contraception, miscarriage care, and fertility treatment. Abortion rights groups sued to have the full text of the amendment presented on the ballot, but the Republican majority on the Ohio Supreme Court sided with the Ballot Board, allowing the language to appear in the ballot summary.[50]

The Ballot Board's summary received criticism from medical groups as well as some voices opposed to legal abortion access, who have described it as deliberately deceiving voters to vote "no" under false pretexts.[51] Conservative columnist Jude Russo wrote, "We have failed to persuade the American people. Simply put: Lawyerly tricks (and tricky lawyers) are losers. Asking the commons to cede power voluntarily is a loser."[52] The American College of Obstetricians and Gynecologists stated, "The language used to discuss abortion has a profound impact on how people form their opinions about reproductive health care, and the emotionally charged language that will now be presented to voters is neither clinically nor legally sound."[51]

Misinformation

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The Issue 1 election generated widespread misinformation. Several factors contributed to voter confusion, including back-to-back ballot questions, duplicate naming of ballot measures, reversed position of the ballot measures, controversy over ballot language, misleading terminology, and misinformation campaigns.[53][54][55]

Republican lawmakers and anti-abortion groups – particularly American Policy Roundtable, Ohio Right to Life, and the Center for Christian Virtue – disseminated false claims that the amendment would allow unrestricted abortions up to birth and for minors to obtain abortions without parental consent, among other abortion misinformation.[56] These misleading assertions were strategically spread through digital advertisements and offline events,[57] as well as on a blog on the official Ohio Senate website, gaining prominence in search engine results for coming from a government source.[58]

Advertisements from the "no" campaign claimed that the referendum would take away parental rights and force sex reassignment surgery on children. The claims received widespread criticism from legal experts, who described them as baseless and misleading.[59] Constitutional law expert Jonathan Entin wrote:[59]

If you drink too much alcohol, if you ingest certain drugs, if you drive too fast – all of those things could have shorter or longer term implications for your ability to reproduce... That doesn't mean that speed limits and drug laws and alcohol regulations are somehow going to be affected by this amendment if it's adopted.

Catholic anti-abortion columnist Mary Pezzulo criticized the advertisements for discussing parental rights while ignoring the anti-abortion movement's mission to "protect the lives of unborn babies". She wrote, "They're lying to get people to vote against Issue 1."[60]

Endorsements

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Yes
U.S. Executive Branch officials
U.S. Senators
U.S. Representatives
Statewide officials
  • Marc Dann, 47th Attorney General of Ohio (2007–2008) (Democrat)[66]
State Senators
State House members
  • Willis Blackshear Jr., state representative from the 38th district (2021–present) (Democrat)[68]
  • Jeffrey Crossman, former state representative from the 15th district (2019–2022) and Democratic nominee in the 2022 Ohio Attorney General election (Democrat)[66]
  • Michele Grim, state representative from the 43rd district (2023–present) (Democrat)[69]
  • Darrell Opfer, former state representative from the 53rd district (1993–1999) (Democrat)[70]
  • Allison Russo, Minority Leader of the Ohio House of Representatives (2022–present) and state representative from the 7th district (2023–present) and the 24th district (2019–2022) (Democrat)[71]
  • Anita Somani, state representative from the 11th district (2023–present) (Democrat)[72]
  • Casey Weinstein, state representative from the 34th district (2019–present) (Democrat)[73]
Local officials
Individuals
Organizations
Newspapers
No
U.S. Executive Branch officials
U.S. Senators
U.S. Representatives
Statewide officials
  • Ken Blackwell, 48th Secretary of State of Ohio (1999–2007) and 43rd Treasurer of Ohio (1994–1999) (Republican)[94]
  • Mike DeWine, 70th Governor of Ohio (2019–present), 50th Attorney General of Ohio (2011–2019), former U.S. Senator from Ohio (1995–2007), 59th Lieutenant Governor of Ohio (1991–1994), and former U.S. Representative from OH-7 (1983–1991) (Republican)[93]
  • Keith Faber, 33rd Auditor of Ohio (2019–present) (Republican)[93]
  • Jon Husted, 66th Lieutenant Governor of Ohio (2019–present) and 50th Secretary of State of Ohio (2011–2019) (Republican)[93]
  • Frank LaRose, 51st Secretary of State of Ohio (2019–present) (Republican)[95]
  • Dave Yost, 51st Attorney General of Ohio (2019–present) and 32nd Auditor of Ohio (2011–2019) (Republican)[93]
State Senators
State House members
  • Adam Bird, state representative from the 63rd district (2023–present) and the 66th district (2021–2022) (Republican)[73]
  • Gary Click, state representative from the 88th district (2021–present) (Republican)[99]
  • Jim Hoops, state representative from the 81st district (2018–present; 1999–2006) (Republican)[100]
  • Melanie Miller, state representative from the 67th district (2023–present) (Republican)[97]
  • Bill Seitz, Majority Leader of the Ohio House of Representatives (2017–present), state representative from the 30th district (2017–present; 2001–2007), and former state senator from the 8th district (2007–2016) (Republican)[101]
  • Jason Stephens, 106th Speaker of the Ohio House of Representatives (2023–present) and state representative from the 93rd district (2019–present) (Republican)[102]
Local officials
Individuals
Organizations
Newspapers
Declined to endorse
Newspapers

Polling

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Poll source Date(s)
administered 		Sample
size[d] 		Margin
of error 		For Against Undecided
Data for Progress October 31–November 2, 2023 582 (LV) ± 4% 57% 40% 3%
Ohio Northern University October 16–19, 2023 668 (RV) ± 3.8% 60% 40% -
Baldwin Wallace University Community Research Institute October 9–11, 2023 569 (RV) ± 4.5% 58% 34% 8%
Fallon Research & Communications, Inc. August 22–25, 2023 501 (RV) ± 4.37% 55% 35% 10%
Ohio Northern University July 17–26, 2023 675 (LV) ± 3.7% 54% 30% 16%
USA Today/Suffolk University July 9–12, 2023 500 (LV) ± 4.4% 58% 32% 10%
Scripps News/YouGov June 20–22, 2023 500 (LV) ± 5.95% 58% 23% 20%
Baldwin Wallace University Community Research Institute September 30–October 3, 2022 856 (RV) ± 2.8% 59% 27% 14%
  1. ^ The referendum would allow an abortion ban after fetal viability, except when deemed necessary by a physician "to protect the pregnant patient's life or health".[4]
  2. ^ Several Catholic dioceses in Ohio also opposed the referendum. However, along with several dissenting Catholic organizations, many Catholic voters were expected to support Issue 1.[17]
  3. ^ Ohio voted for Trump in both 2016 and 2020 by more than 8%.
  4. ^ Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear

Financial contributions

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Campaign Committees[114]
Committee Position Contributions Expenditures[a]
Ohioans United for Reproductive Rights Support $42,500,000 $42,400,000
Protect Women Ohio Oppose $30,400,000 $30,800,000
Ohioans for Reproductive Freedom PAC Support $8,900,000 $8,700,000
Protect Women Ohio Action Oppose $5,700,000 $5,700,000
Ohio Physicians for Reproductive Rights PAC Support $2,300,000 $2,300,000
Major Donors to Registered Committees[115][116]
Donors Position Contributions
The Concord Fund/Judicial Crisis Network Oppose $25,000,000
Susan B. Anthony Pro-Life America Oppose $12,500,000
Protect Women Ohio Action Oppose $9,700,000
Sixteen Thirty Fund Support $5,500,000
Open Society Policy Center Support $3,500,000
Catholic Dioceses of Ohio Oppose $2,200,000
American Civil Liberties Union Support $2,200,000
Fairness Project Support $2,400,000
Lynn Schusterman Support $1,500,000
Planned Parenthood Action Fund Support $1,500,000
Knights of Columbus Oppose $1,000,000
Michael Bloomberg Support $1,000,000
Gwendolyn Sontheim Meyer Support $1,000,000
Abigail Wexner Support $1,000,000

Results

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Yes received 56.78% of the vote, compared to 43.22% of the vote for No, a margin of 13.56%.

Results by county

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Breakdown of voting by county[1]
County Yes Votes No Votes
Adams 31.6% 2,443 68.4% 5,287
Allen 35.4% 10,978 64.6% 20,029
Ashland 42.0% 7,655 58.0% 10,573
Ashtabula 54.5% 16,569 45.5% 13,841
Athens 72.6% 13,515 27.4% 5,112
Auglaize 26.6% 4,688 73.4% 12,915
Belmont 40.5% 7,645 59.5% 11,252
Brown 36.1% 4,852 63.9% 8,578
Butler 50.8% 59,150 49.2% 57,305
Carroll 39.3% 3,630 60.7% 5,609
Champaign 41.4% 5,601 58.6% 7,936
Clark 50.6% 20,870 49.4% 20,373
Clermont 48.3% 36,208 51.7% 38,753
Clinton 40.1% 5,350 59.9% 7,995
Columbiana 43.9% 14,132 56.1% 18,040
Coshocton 47.4% 5,228 52.6% 5,813
Crawford 40.0% 5,184 60.0% 7,761
Cuyahoga 74.4% 295,406 25.6% 101,555
Darke 27.6% 5,016 72.4% 13,146
Defiance 38.9% 4,966 61.1% 7,810
Delaware 59.3% 57,116 40.7% 39,195
Erie 57.1% 16,085 42.9% 12,093
Fairfield 51.4% 28,410 48.6% 26,818
Fayette 40.7% 3,303 59.3% 4,814
Franklin 72.9% 308,379 27.1% 114,637
Fulton 38.6% 5,935 61.4% 9,424
Gallia 31.6% 2,373 68.4% 5,139
Geauga 54.7% 22,327 45.3% 18,503
Greene 49.3% 30,635 50.7% 31,507
Guernsey 46.8% 5,288 53.2% 6,005
Hamilton 65.1% 186,175 34.9% 99,819
Hancock 40.3% 10,552 59.7% 15,621
Hardin 41.3% 3,408 58.7% 4,843
Harrison 38.0% 1,741 62.0% 2,839
Henry 35.6% 3,507 64.4% 6,347
Highland 33.7% 4,005 66.3% 7,880
Hocking 47.8% 4,287 52.2% 4,674
Holmes 24.6% 2,156 75.4% 6,599
Huron 44.1% 7,922 55.9% 10,055
Jackson 37.6% 3,117 62.4% 5,178
Jefferson 40.7% 8,090 59.3% 11,808
Knox 42.1% 9,384 57.9% 12,898
Lake 60.5% 54,337 39.5% 35,504
Lawrence 33.9% 5,647 66.1% 11,002
Licking 50.9% 31,815 49.1% 30,748
Logan 37.4% 5,824 62.6% 9,736
Lorain 62.6% 69,097 37.4% 41,315
Lucas 63.9% 76,197 36.1% 43,012
Madison 46.8% 6,487 53.2% 7,364
Mahoning 56.3% 42,604 43.7% 33,015
Marion 49.5% 9,325 50.5% 9,519
Medina 55.2% 41,006 44.8% 33,242
Meigs 36.1% 2,366 63.9% 4,179
Mercer 21.5% 3,796 78.5% 13,850
Miami 39.6% 15,932 60.4% 24,258
Monroe 32.6% 1,355 67.4% 2,797
Montgomery 59.3% 100,475 40.7% 69,021
Morgan 42.3% 1,933 57.7% 2,641
Morrow 39.9% 5,209 60.1% 7,860
Muskingum 46.2% 11,620 53.8% 13,522
Noble 36.1% 1,494 63.9% 2,646
Ottawa 52.9% 9,061 47.1% 8,056
Paulding 28.9% 1,824 71.1% 4,480
Perry 42.0% 4,759 58.0% 6,560
Pickaway 44.8% 8,490 55.2% 10,461
Pike 39.2% 2,957 60.8% 4,594
Portage 60.9% 35,147 39.1% 22,547
Preble 37.0% 5,226 63.0% 8,913
Putnam 16.8% 2,430 83.2% 12,051
Richland 42.6% 17,124 57.4% 23,050
Ross 48.4% 10,372 51.6% 11,068
Sandusky 45.4% 9,270 54.6% 11,142
Scioto 36.7% 6,566 63.3% 11,321
Seneca 40.2% 7,179 59.8% 10,692
Shelby 24.3% 4,274 75.7% 13,316
Stark 53.3% 67,949 46.7% 59,629
Summit 65.5% 126,531 34.5% 66,755
Trumbull 57.4% 37,093 42.6% 27,495
Tuscarawas 46.3% 13,219 53.7% 15,319
Union 51.0% 13,209 49.0% 12,706
Van Wert 29.0% 2,809 71.0% 6,864
Vinton 37.6% 1,283 62.4% 2,127
Warren 47.5% 43,463 52.5% 47,963
Washington 40.6% 8,022 59.4% 11,715
Wayne 42.4% 15,911 57.6% 21,589
Williams 36.9% 4,481 63.1% 7,658
Wood 55.2% 25,929 44.8% 21,037
Wyandot 38.7% 3,006 61.3% 4,762

Results by congressional district

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Yes won 9 of 15 congressional districts, including four that are represented by Republicans.[117]

District Yes No Representative
1st 63% 37% Greg Landsman
2nd 42% 58% Brad Wenstrup
3rd 76% 24% Joyce Beatty
4th 46% 54% Jim Jordan
5th 47% 53% Bob Latta
6th 47% 53% Bill Johnson
7th 59% 41% Max Miller
8th 49% 51% Warren Davidson
9th 56% 44% Marcy Kaptur
10th 57% 43% Mike Turner
11th 83% 17% Shontel Brown
12th 49.6% 50.4% Troy Balderson
13th 62% 38% Emilia Sykes
14th 58% 42% David Joyce
15th 59% 41% Mike Carey

Reactions

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Within a day of the close of polling, Ohio's top Republican legislative leaders suggested that action would be taken against the new abortion rights granted by Issue 1.[118] Ohio Republican House Speaker Jason Stephens said that Issue 1 is "not the end of the conversation" because there are "multiple paths that we will explore to continue to protect innocent life." A spokesperson for Ohio Senate President Matt Huffman reacted to the result: "This isn't the end. It is really just the beginning of a revolving door of ballot campaigns to repeal or replace Issue 1."[119]

Two days after the result, Ohio State Representatives Jennifer Gross, Bill Dean, Melanie Miller, and Beth Lear, all Republicans, released a statement calling Issue 1 "deceptive", declaring that "Ohio legislators will consider removing jurisdiction from the judiciary over this ambiguous ballot initiative" so that only Ohio legislators can "consider what, if any, modifications to make to existing laws", instead of Ohio courts.[120]

Rick Santorum, a Republican and former U.S. Senator, commented on the simultaneous passage of Issue 1 and Issue 2, the latter of which legalized recreational marijuana: "You put very sexy things like abortion and marijuana on the ballot, and a lot of young people come out and vote. It was a secret sauce for disaster in Ohio ... pure democracies are not the way to run a country."[121][122] Conservative commentator Sean Hannity urged Republicans to adopt a "safe, legal, and rare" framework on abortion.[21]

According to Jessie Hill, professor and associate dean at Case Western Reserve University School of Law, the only way the Issue 1 amendment could be challenged is if there were a change to federal law regarding abortion or if another Ohio constitutional amendment restricting abortion was passed, which would require a majority vote in an election.[123]

On December 15, 2023, the Ohio Supreme Court dismissed the state of Ohio's challenge to a lower court ruling from Hamilton County which stayed Ohio's six-week abortion ban. In March 2023, the Ohio Supreme Court agreed to review the matter following a challenge from the state. However, following the passage of Issue 1, the Ohio Supreme Court dismissed the matter, citing a change in the law.[124]

Voter demographics

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Ohio Issue 1 vote by demographic subgroup
Demographic subgroup[125] Yes No % of
total vote
Total vote 56.78 43.22 100
Age
18–29 years old 77 23 12
30–44 years old 68 32 23
45–64 years old 53 47 35
65+ years old 45 55 30
Party ID
Democrat 92 8 32
Republican 18 82 35
Independent 64 36 33
Ideology
Liberal 94 6 34
Moderate 69 31 30
Conservative 13 87 36
Marital Status
Married 51 49 61
Unmarried 67 33 39
Married With Children?
Yes 56 44 23
No 57 43 77
Race
White 53 47 85
Black 83 17 10
Latino 73 27 3
Asian N/A N/A 1
Other N/A N/A 1
Gender
Male 53 47 47
Female 60 40 53
Area Type
Urban 70 30 40
Suburban 52 48 43
Rural 40 60 18
Abortion Should Be
Legal In All Cases 96 4 28
Legal In Most Cases 83 17 33
Illegal In Most Cases 6 94 25
Illegal In All Cases 3 97 12
White Born-Again or Evangelical Christian
Yes 24 76 30
No 71 29 70
Parents
Men With Children 53 47 14
Women With Children 62 38 16
Men Without Children 54 46 33
Women Without Children 59 41 37
Education
Never Attended College 42 58 18
Some College 60 40 23
Associate's Degree 54 46 14
Bachelor's Degree 58 42 25
Advanced Degree 68 32 19
Union Household
Yes 58 42 30
No 57 43 70
Feelings About Roe Being Overturned
Enthusiastic 7 93 18
Satisfied 21 79 18
Dissatisfied 68 32 22
Angry 93 7 38
2020 Presidential Vote
Biden 92 8 45
Trump 19 81 43
Another Candidate 65 35 5
Did Not Vote 71 29 4
Biden Approval
Strongly Approve 94 6 15
Somewhat Approve 91 9 24
Somewhat Disapprove 72 28 13
Strongly Disapprove 23 77 46

See also

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Other abortion referendums

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Notes

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  1. ^ Some portion of each committee's expenditures may have gone to the August 2023 Ohio Issue 1.

References

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  1. ^ a b "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. ^ a b c Walsh, Maeve (March 13, 2023). "Abortion rights amendment certified by Ohio Ballot Board". WCMH-TV. Retrieved July 23, 2023.
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