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Republicans change mentions of 'fetus' in proposed abortion amendment to 'unborn child'

Meeting of the Ohio Ballot Board
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Posted at 5:29 PM, Aug 24, 2023
and last updated 2023-08-24 18:04:55-04

COLUMBUS, Ohio — A version of the abortion rights amendment that was rewritten by Secretary of State Frank LaRose’s office to change mentions of “fetus” to “unborn child” was approved by the Ohio Ballot Board Thursday and will appear on the ballot in November instead of the version signed onto by Ohio voters.

As an example, the version of the proposed amendment, as written by Ohioans for Reproductive Freedom, includes the line: “…abortion may be prohibited after fetal viability.”

The version put forward by LaRose’s office instead states: “The proposed amendment would…Only allow the citizens of the State of Ohio to prohibit an abortion after an unborn child is determined by a pregnant woman’s treating physician to be viable…”

As another example, the original version of the amendment states: "...in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient's treating physician it is necessary to protect the pregnant patient's life or health." The rewritten amendment instead states that the amendment would: "Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability, if, in the treating physician's determination, the abortion is necessary to protect the pregnant woman's life or health."

The rewritten version also changes the gender-neutral term "pregnant patient" to the gendered "pregnant woman."

The language is an "abomination" for additional reasons, according to state Sen. Paula Hicks-Hudson (D-Toledo).

First, using the term "reproductive medical treatment" instead of "reproductive decision." Second, using the word "citizens" instead of "state" when talking about penalizing someone for accessing abortion (from 'The State shall not, directly or indirectly burden, penalize, prohibit... an individual exercising this right' to 'Prohibit the citizens of the state of Ohio from directly or indirectly burdening').

See a comparison of the two versions in Morgan Trau's post on X below, or click here.

Statehouse reporter Morgan Trau has been covering abortion in Ohio for a year and a half now. Click here for the extensive coverage on reproductive rights and access.

Abortion rights groups say this is just another way to try to stop the amendment from passing. Anti-abortion groups say they are happy with how today went.

Ohioans United For Reproductive Rights spokesperson Lauren Blauvelt, who pointed out that the re-written amendment is longer than the proposed amendment, said, “Anti-abortion extremists and politicians have repeatedly tried to mislead and deceive voters in their unending quest to eliminate Ohioans’ freedom. Make no mistake, the reproductive freedom amendment is about protecting access to abortion and keeping the government out of personal, family decisions."

RELATED: Ohio Supreme Court could reinstate 6-week abortion ban ahead of Nov. vote

State Rep. Elliot Forhan (D-South Euclid) said LaRose’s version of the amendment is "rife with misleading and defective language." He and the other Democrat on the board, Rep. Paula Hicks-Hudson (D-Toledo), said the voters of Ohio, the ones who signed onto the original amendment, should be trusted.

LaRose and Republican State Senator Theresa Gavarone, who represents northern Ohio, said the rewritten amendment is the best one, with Gavarone saying the original amendment would have "disastrous consequences to women and families.”

"The Ohio Ballot Board's mission today was to create ballot language that accurately describes the proposed amendment as written," Gavarone said in a statement released Thursday. "The language of the amendment is purposefully written very broadly. As such, the summary approved today accurately reflects the broad language of the amendment. I wish the language would have been more specific to the voters as to what this proposed amendment means and the disastrous consequences its passage will have on women and families. That being said, I am thankful to have played a part in setting the record straight and am proud to deliver the truth to Ohioans about this dangerous proposal."

Nearly 500,000 valid Ohio voters approved of the original language of the amendment when they signed petitions to get it on the ballot in November.

The version that will instead appear on the ballot was approved by three Republican members of the Ohio Ballot Board versus the two Democratic members of the board who voted against it.

Abortion rights groups said they are considering filing a lawsuit against the ballot board's decision; this would go to the Ohio Supreme Court.

Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook.