What Does Ohio’s Issue 1 Say? Here’s The Text Of Reproductive Rights Amendment

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On Nov. 7, Ohioans will vote on abortion, contraception and other reproductive decisions.

The proposed amendment, called Issue 1 on the Nov. 7 ballot, would enshrine the right to an abortion in the state constitution up until viability, which is the point when a fetus can survive outside the uterus with reasonable measures.

There’s been plenty of debate about what Issue 1 says and does not say. So, here’s the full unedited text, which is different than what will appear on ballots.

Text of Issue 1
Article I, Section 22. The Right to Reproductive Freedom with Protections for Health and Safety

A. Every individual has a right to make and carry out one’s own reproductive decisions, including but not limited to decisions on: contraception; fertility treatment; continuing one’s own pregnancy; miscarriage care; and abortion.

B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either: An individual’s voluntary exercise of this right or; A person or entity that assists an individual exercising this right, unless the State demonstrates that it is using the least restrictive means to advance the individual’s health in accordance with widely accepted and evidence-based standards of care.

However, abortion may be prohibited after fetal viability. But 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.

C. As used in this Section: “Fetal viability” means “the point in a pregnancy when, in the professional judgment of the pregnant patient’s treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. This is determined on a case-by-case basis.”

“State” includes any governmental entity and any political subdivision.

D. This Section is self-executing.