Ohio Democrats seek to codify reproductive care, align state law with constitutional amendment
Ohio abortion rights demonstrators. (Photo by Graham Stokes for the Ohio Capital Journal. Republish photo only with original article.)
Ohio Democratic lawmakers will try to push back against existing abortion regulations and align state law with the state constitution in a new bill to codify reproductive care.
State Reps. Anita Somani, D-Dublin, and Desiree Tims, D-Dayton, introduced House Bill 128 this month, which seeks to repeal 'archaic laws in our state that do not improve outcomes or access to care,' Somani said, laws that include 'unnecessary ultrasounds' and hospital transfer agreements that hinder physicians from conducting care at certain clinics or facilities that provide abortion care.
'They were passed to create roadblocks for those seeking abortion care and those providing that care,' Somani said.
The bill is a reintroduction of a measure from the last General Assembly that only had one committee hearing, never received a vote and died with the end of a session run by a Republican supermajority which has in the past shown more support for anti-abortion measures than reproductive rights efforts pushed by the Democrats.
'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,' Somani told the Capital Journal.
Somani's previous bill, House Bill 343, sought to repeal legislation approved by the legislature in 2019 that banned abortion after six weeks of gestation, called the Heartbeat Act by supporters.
That law spent most of its existence in court as abortion rights groups fought to have it rejected. The bill couldn't be enforced while it was tied up in multiple courts, and it was ultimately struck down by a Hamilton County judge last October.
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In his decision, Judge Christian Jenkins cited the state's constitutional amendment, approved by 57% of Ohio voters in November 2023, which established rights to reproductive health, including abortion, miscarriage care, and fertility treatments.
The fate of the 2019 law hasn't been decided yet, however, as Ohio Attorney General (and 2026 governor hopeful) Dave Yost has appealed the decision to the First District Court of Appeals.
Yost has said he isn't planning to fight the six-week ban's rejection on appeal, instead aiming his arguments at other provisions of the law, saying not all state regulations that could be considered connected to abortion care can be eliminated.
'The state respects the will of the people regarding the six-week abortion ban, but the state is also obligated to protect provisions in S.B. 23 (the Heartbeat Act) … that the constitutional amendment does not address,' a spokesperson for Yost said when the appeal was filed.
It's the idea of litigating law after law that drove Somani to the legislation she hopes to see considered in the new General Assembly.
Before, during, and after the passage of the constitutional amendment, reproductive rights advocates went to court to fight laws regarding fetal and embryonic remains disposal, the 24-hour waiting period required before an abortion, a two-visit minimum for pregnant individuals before the procedure can take place, and virtual prescription of medication used for abortions, along with the six-week ban lawsuit.
'Our hope is to align legislation with the constitutional amendment, and not have to go through each piece of previous legislation,' Somani said.
As an OB/GYN as well as a legislator, Somani said codifying the care established in the state constitution would also address maternal and infant mortality, issues the state has struggled with for years, particularly when it comes to Black infants and mothers.
In recent research from Groundwork Ohio, the state was also one of the worst in the country for low infant birth weight among Medicaid enrollees, with premature birth rates also increasing since 2019.
H.B. 128 would also add nondiscrimination, civil, and criminal protections for 'evidence-based care,' according to the bill sponsors.
'This legislation ensures that health care providers can focus on what matters most: providing high-quality, compassionate care to those who need it,' Tims said in a statement on the bill.
The bill was referred to the Ohio House Health Committee on Wednesday, where it will be subject to testimony from supporters and opponents before the chamber can vote on the measure.
The legislation faces an uphill battle, not only because a Democratic-led bill on reproductive rights is likely to struggle in the Republican supermajority Statehouse, but also because state operating budget negotiations have taken over much of the discussion as the July deadline approaches.
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