| Issue 1 is backed by Ohio Republicans, who have promoted it with some interesting rhetoric. One talking point has been that it protects the Ohio Constitution from out-of-state interests. (For instance: “At its core, it’s about keeping out-of-state special interest groups from buying their way into our constitution,” Protect Women Ohio Press Secretary Amy Natoce told Fox News.) Another has been that it signals trust in elected officials to safeguard citizen interests, rather than letting a random majority of voters decide what’s best. (The current simple-majority rule for amending the state constitution “sends the message that if you don’t like what the legislature is doing, you can just put it on the ballot, and soon the constitution will be thousands of pages long and be completely meaningless,” Carol Tobias, president of the National Right to Life Committee, told Politico in a prime example of this tack.)
Arguments like these are notable because they go against conservative rhetoric in other realms. One could easily imagine an alternate universe in which Ohio Republicans railed against a measure like Issue One on the grounds that it sought to make it harder for ordinary people to have a voice.
But Republicans have an ulterior motive in making it more difficult for Ohio voters to amend the Constitution: an amendment on the ballot this November stating that “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.”
“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,” it continues. “Abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgement of the pregnant patient’s treating physician it is necessary to protect the pregnant patient’s life or health.”
Because of the upcoming vote on the abortion amendment, the battle over Issue 1 has turned into a proxy battle over Ohio abortion laws. (For instance, in my parents’ Catholic parish bulletin in Cincinnati, a section purporting to explain the impact of Issue 1 instead focused almost entirely on the fall abortion measure.)
“Given current polling, Republicans are expected to lose the November vote, so they’re trying to change the rules mid-game,” writes Politico contributor Joshua Zeitz. “The gambit is so transparent that even two former GOP governors, Robert Taft and John Kasich, have come out in opposition.”
The abortion element means Issue 1 has attracted a lot more attention than a battle over ballot procedures and constitutional amendment rules likely otherwise would. As of yesterday, “more than 500,000 voters [had] already voted on Issue 1,” reported Politico.
A USA TODAY Network/Suffolk University poll from July suggested that Issue 1 has a wide range of detractors. Fifty-seven percent of the voters polled said they were against it, while just 26 percent were for it. Opponents came from across the political spectrum. “Democrats are more likely to oppose Issue 1, but 41% of Republicans, 60% of independents and 41% of Ohioans who voted for President Donald Trump in 2020 said they’re also against it,” reported the Cincinnati Enquirer.
Many supporters of Issue 1 have been open about the fact that it’s meant to prevent the November abortion initiative from passing. But supporters have also been playing up other conservative fears in an attempt to pass it. For instance, one particularly disingenuous ad that’s been running frequently in Ohio in recent weeks suggests that Issue 1 protects against those who would “put trans ideology in classrooms and encourage sex changes for kids.”
Measures like Issue 1 may be coming to many more states than just Ohio.
One “trend in the post-Dobbs era has been the use of direct democracy to protect abortion rights,” notes The New York Times. “The mechanisms of direct democracy—referendums, initiatives, ballot questions and the like—allow voters to register their preferences directly, bypassing elected officials and other intermediaries.” That’s made them an appealing target for anti-abortion advocates worried about what will happen when protecting abortion is put to a popular vote. |