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The Proposed Amendment Would Change The Ohio
Constitution To Permit Abortions
Up To The Time Of Birth
The proposed amendment goes far beyond what was permitted under Roe v. Wade. One way it does so is by the use of the word “health.” This word, which is intentionally undefined, will include anything that a pro-choice doctor is willing to state could harm a woman’s/girl’s “health” and permit abortions up to the time of birth.
Under the proposed amendment, in order for a girl or woman to have an abortion after “fetal viability,” she would not be required to show that her life or health was actually at risk. All that she would need to do is find just one pro-abortion doctor anywhere in the country who is willing to state that, in his or her subjective “professional judgment,” the mere fact that a girl/woman wants an abortion is, by itself, enough to establish that the abortion is “necessary” to protect her life or health. Consequently, the number of post-viability abortions, including abortions up to the time of birth, would not be rare because their “necessity” will be determined by the subjective opinions of the most radical, pro-abortion doctors in this country. In short, because the proposed amendment does not have an objective medical standard, it leaves the medical decision about the necessity for an abortion, including abortion up to the time of birth, to pro-choice doctors based upon their subjective, pro-choice biases of what is needed to protect a girl’s/woman’s life or “health.”
Brian Hurley
Brian E. Hurley is an attorney who has practiced law for over 40 years and represented girls who were rape victims and brought claims against an abortion provider alleging that it failed to meet its duties to report sexual abuse and obtain parental and informed consent.
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