COLUMBUS, Ohio -- The state would recognize the “personhood” and constitutional rights of “all unborn human individuals from the moment of conception” under a bill introduced Monday by some of the most conservative members of the Ohio House.
House Bill 704 is sponsored by Rep. Gary Click, a Sandusky County Republican who is a pastor, and seven co-sponsors: Republican Reps. Jennifer Gross of the Cincinnati area, Thomas Hall of Butler County, Kris Jordan of Delaware County, Susan Manchester of Auglaize County, Jena Powell of Darke County, Craig S. Riedel of Defiance County and Reggie Stoltzfus of Stark County.
The bill contains just two sentences: “The state of Ohio shall recognize the personhood, and protect the constitutional rights, of all unborn human individuals from the moment of conception. Nothing in this section shall be interpreted in any manner that would endanger the life of a mother.”
The bill comes weeks after the U.S. Supreme Court overturned Roe v. Wade. Currently, abortion is allowed in Ohio until a fetal heart tone is detected, usually around six weeks, before many women know they’re pregnant.
The state is expected to make abortion illegal in the coming months, without exceptions for rape or incest. The bill will likely offer doctors some legal protections if they terminate a pregnancy to save a woman’s life or prevent harm to a major bodily function.
It’s unclear what kind of practical implications the bill would have.
“I think it reinforces a pro-life view,” Click said. “There’s no doubt about that.”
With Roe overturned, many conservative-led states are considering similar legislation that will likely result in a laws trying to make the definition of a person and a fetus indistinguishable.
Over the weekend a woman in Dallas argued that her fetus counted as a second passenger as she tried to get out of a traffic ticket for driving in a carpool lane.
Asked if he believes a fetus would be a person in Ohio high-occupancy vehicle lanes, Click said, “That sounds more like a gotcha question.”
He said that since high-occupancy vehicle lanes are to save on fuel and encourage carpooling, a woman carrying a baby wouldn’t count.
In Ohio, it’s long been a crime to end a pregnancy when hurting or killing a woman.
For instance, if a drunk driver hits and kills a pregnant woman, that person could face two vehicular or negligent homicide charges, said Mike Gonidakis, president of Ohio Right to Life, whose organization hasn’t taken a position on the bill, as it was just introduced.
Would a woman be charged if she consumed drugs or alcohol with child abuse, potentially harming her unborn child, under the bill?
It’s unclear since it’s just a two-sentence bill, Gonidakis said.
“It’s one that needs to be debated and argued,” he said.
It also raises the question about whether embryos created by in vitro fertilization are considered life, and what fertility clinics would be able to do with embryos that aren’t implanted. Currently clinics destroy or donate for scientific research unused embryos.
Fertility clinics also sometimes use “selective reduction,” to stop the heart of a fetus when there is a multifetal pregnancy. Dr. Thomas Burwinkel, a Cincinnati obstetrician and gynecologist specializing in reproductive endocrinology, has several times questioned how state laws would affect his practice and the future of in vitro in Ohio.
Thousands of Ohioans are unable to get abortions in the state due to the current fetal cardiac activity ban, Pro-Choice Ohio Executive Director Kellie Copeland said.
“Ohioans who are pregnant are justifiably frightened about whether or not they will get the treatments they need if they experience pregnancy complications,” she said. “Clearly, this level of suffering has not satisfied anti-choice organizations and politicians, so they are pushing this new bill.”
Read more abortion coverage here.
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