Your Constitutional Right to Privacy (Unless You Want an Abortion in Ohio)

Your Constitutional Right to Privacy (Unless You Want an Abortion in Ohio)

The Ohio General Assembly is expected to vote soon on a bill that seeks to let the state government decide whether a woman’s reason for terminating a pregnancy is acceptable. Introduced in August, H.B. 135 would prohibit women from seeking an abortion because of a fetal diagnosis of Down syndrome; a doctor who knowingly performs the abortion would lose their license.

Ignoring the fact that this certainly isn’t “small government,” the bill raises some serious enforcement questions. For instance, how will the doctor performing the abortion prove that the woman was choosing to terminate her pregnancy because of such a diagnosis? Couldn’t the pregnant woman say she’s terminating for other reasons?

This bill, like many other abortion restrictions, is loaded with concern for a fetus, but not what happens after. Children, those with special needs or without, require economic, physical, and emotional sacrifice from parents. But the safety net across the United States and especially in Ohio is dismal. According to the U.S. Department of Agriculture, Ohio is the third-worst state for food insecurity, only behind Arkansas and Missouri. And like most states, Ohio does not provide paid family leave.

The proposed legislation would add to the already long list of abortion restrictions in Ohio. A woman seeking an abortion must receive state-directed counseling that includes information that will attempt to discourage her. Then she must wait 24 hours after counseling before obtaining the procedure, necessitating two separate trips to the clinic. More than half the women of reproductive age in Ohio live in a county without an abortion provider, meaning that those two separate trips can be long and costly.

Ohio Governor and Republican presidential candidate John Kasich said that he would sign the proposed bill if it makes it to his desk. If it is enacted, Ohio would become the second state to ban abortion in such cases. In 2013, North Dakota passed some of the most stringent abortion laws of recent decades, including bans on abortion because of genetic defects and sex selection, or once a fetal heartbeat is detectable (which can be as early as six weeks).

H.B. 135 is in direct violation of Roe v. Wade, which said that a woman’s decision to terminate her pregnancy until the fetus is viable is protected under her constitutional right to privacy. Abortion is a personal decision, and the reason a woman wants to obtain the procedure should not be one the government must approve.