Proposed Ohio Law Would Criminalize Abortion, Override State Constitution’s Protections

Republican lawmakers in Ohio are set to unveil a comprehensive new bill on Wednesday that would prohibit almost all abortions and impose criminal penalties on individuals who undergo the procedure, including in instances of rape or incest—directly opposing a voter-approved constitutional amendment from 2023 that safeguards reproductive rights.

The proposed legislation, known as the “Ohio Prenatal Equal Protection Act,” aims to classify all fertilized embryos as full legal persons under the 14th Amendment of the U.S. Constitution, thereby superseding Ohio’s existing constitutional protections. The legislation would allow abortions solely in instances of miscarriage or when the life of the pregnant individual is in jeopardy.

Austin Beigel of End Abortion Ohio, who collaborated with GOP Reps. Levi Dean and Jonathan Newman, to draft the bill, commended its comprehensive nature. “It’s a straightforward and elegant piece of legislation,” he stated, “that provides equal protection to all humans, both born and pre-born.” Beigel expressed that he remained unfazed by the dissent from voters, labeling their earlier choice to endorse abortion rights as “evil.”

Kellie Copeland, executive director of Abortion Forward, criticized the bill as “the most extreme and anti-life legislation that you can imagine,” cautioning that it could result in criminalization, social persecution, and possible violence against advocates and patients of abortion.

If passed, the bill would position Ohio among the select states to criminalize not only abortion providers but also those seeking abortions—a decision that Copeland argues could lead to perilous real-world outcomes.

While Beigel asserts that the bill will not explicitly ban contraception or IVF, he conceded that it may influence the implementation of fertility treatments due to the legal acknowledgment of embryos as individuals.

This recent initiative comes after years of legal disputes in Ohio concerning abortion legislation, including the obstruction of a six-week “heartbeat” ban. In 2023, 57% of voters in Ohio endorsed a constitutional amendment that affirms the right to abortion care, a right that is now facing renewed challenges.

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