In a new bill to codify reproductive care, Democratic lawmakers in Ohio will attempt to counteract current abortion restrictions and bring state law into line with the state constitution.
House Bill 128 was introduced this month by state representatives Anita Somani, a Democrat from Dublin, and Desiree Tims, a Democrat from Dayton. According to Somani, the bill aims to repeal outdated laws in our state that do not enhance care outcomes or access, such as hospital transfer agreements that prevent doctors from performing care at specific clinics or facilities that provide abortion services.
According to Somani, they were passed in order to erect obstacles for both individuals seeking and offering abortion care.
The bill is a reintroduction of a measure from the previous General Assembly that was only heard by one committee, never passed a vote, and died at the end of a session that was led by a Republican supermajority, which historically has demonstrated greater support for anti-abortion policies than Democratic efforts to advance reproductive rights.
As Somani told the Capital Journal, “I would hope that all of the stories of women dying because of restrictive abortion laws (nationwide) would help people understand what these restrictive abortion laws do.”
The goal of Somani’s prior bill, House Bill 343, was to overturn the Heartbeat Act, a law passed by the legislature in 2019 that prohibited abortions beyond six weeks of pregnancy.
Abortion rights organizations campaigned to have that statute repealed, and it spent the majority of its existence in court. A Hamilton County judge finally knocked down the bill last October because it was unable to be enforced while it was pending in many courts.
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Judge Christian Jenkins highlighted the state’s constitutional amendment, which guaranteed rights to reproductive health, including abortion, miscarriage care, and fertility treatments, and was supported by 57% of Ohio voters in November 2023, in his ruling.
However, Ohio Attorney General and 2026 gubernatorial candidate Dave Yost has appealed the ruling to the First District Court of Appeals, so the 2019 law’s destiny is still up in the air.
Yost has stated that he does not intend to challenge the six-week ban’s denial on appeal, focusing instead on other parts of the statute and arguing that not all state laws that can be deemed related to abortion treatment can be repealed.
When the appeal was filed, a Yost spokesperson stated that while the state respects the people’s choice regarding the six-week abortion restriction, it still has a duty to uphold S.B. 23 (the Heartbeat Act) provisions that the constitutional amendment does not address.
Somani’s motivation for proposing the legislation she hopes the incoming General Assembly will examine was the prospect of battling bill after law.
Reproductive rights advocates sued to overturn laws pertaining to the disposal of fetal and embryonic remains, the 24-hour waiting period before an abortion, the requirement that pregnant women have two visits before the procedure can take place, the virtual prescription of medication used for abortions, and the six-week ban lawsuit before, during, and after the constitutional amendment was passed.
Instead of having to go over every piece of prior law, we intend to connect legislation with the constitutional amendment, Somani stated.
Codifying the care outlined in the state constitution, according to Somani, an OB/GYN and lawmaker, will help address maternal and infant mortality, which the state has long struggled with, especially when it comes to Black women and infants.
Premature birth rates have been rising since 2019, and the state ranks among the worst in the nation for low child birth weight among Medicaid users, according to recent study from Groundwork Ohio.
The bill’s authors also claim that H.B. 128 will give evidence-based care additional civil, criminal, and nondiscrimination safeguards.
In a statement on the measure, Tims stated, “This legislation ensures that health care providers can focus on what matters most: providing high-quality, compassionate care to those who need it.”
On Wednesday, the bill was submitted to the Ohio House Health Committee, where both proponents and opponents will testify before the house can cast a vote.
In addition to the fact that a Democratic-led reproductive rights bill is unlikely to succeed in the Republican-controlled Statehouse, the legislation confronts a difficult path because, as the July deadline draws near, state operating budget negotiations have dominated the conversation.
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Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.