NEWS

How anti-abortion 'Heartbeat Bill' passed Ohio House

Chrissie Thompson
Gannett Ohio

COLUMBUS – After GOP "no" votes killed it last year, the controversial anti-abortion "Heartbeat Bill" passed the Ohio House this week thanks to votes from a more conservative Republican caucus.

Grunge state of Ohio flag map

The legislation would ban abortions after the detection of the first fetal heartbeat — as early as six weeks into a pregnancy — without an exception for pregnancies conceived out of rape or incest.

Many Republicans have opposed the bill, saying it won't stand up in court, jeopardizing other anti-abortion legislation. The American Civil Liberties Union of Ohio has vowed to sue if the bill becomes law. But Heartbeat Bill supporters have argued a legal battle over the bill could be a tool to overturn Roe v. Wade.

This year's House Republican caucus sided with the Heartbeat Bill supporters. The House now has a record 65 Republicans out of 99 total members, up from 60 in 2013-14. Along with picking up five seats from Democrats in November, the GOP added some new members who are more conservative than their Republican predecessors.

Even with the House passage, the bill's future remains in doubt. It faces opposition from Ohio Right to Life, Senate President Keith Faber and Gov. John Kasich.

"I share the concerns of Right to Life about this bill and about potential litigation," Kasich told reporters Tuesday.

Faber, a Celina Republican, said he intends to review the latest version of the bill and host committee hearings, despite his concerns about the legislation. Supporters have nearly two years — almost an entire legislative session — to pressure the Senate to act on the bill.

"I'm still waiting for that legal scholar to come forward and say, 'The Heartbeat Bill is constitutional,' " he said Wednesday.

That's because it's not constitutional, said Rep. Christie Bryant Kuhns, D-Cincinnati

"In addition to substituting politics for a woman's right to make healthcare decisions —with trained medical professionals — that impact her health and family, this bill ... goes against the oath we took as legislators the moment we were sworn into office," Kuhns said in a statement. Lawmakers swear to support the U.S. and Ohio constitutions.

This week marks the third time the Heartbeat Bill has come before the Ohio House. The Heartbeat Bill originally passed the chamber in 2011, only to die at the hands of then-Senate President Tom Niehaus, R-New Richmond.

The bill next died in the House in December on a 47-40 vote, a few "yes" votes shy of reaching a majority in the House, which then had 98 members. Eleven of the House's then-59 Republicans joined most Democrats in voting against the bill.

Courts have overturned similar legislation in other states, but proponents of the Heartbeat Bill welcome lawsuits, viewing them as a vehicle to get abortion in front of the U.S. Supreme Court.

In lieu of the Heartbeat Bill, Ohio Right to Life is seeking to ban abortion at 20 weeks of gestation — when a fetus can feel pain, they say.

The U.S. Supreme Court has held that states cannot prohibit abortions unless a fetus is developed enough to live outside the womb, generally accepted as 24 weeks of gestation.

Abortion opponents say they understand a 20-week ban would violate the Supreme Court's standard of allowing abortion before a fetus is viable. But they hope such a ban would be challenged and appealed to the Supreme Court. They want to persuade the high court to tweak its standard, allowing states to outlaw more abortions.

The Associated Press contributed to this report.