When the Ohio Senate didn’t pick up the Heartbeat Bill immediately after the House passed it, I started to hope that it would be allowed to die a quiet death. No such luck. Last week, it was discussed in committee, and it’s liable to come before the entire Senate this week. If it passes this hurdle, Governor Kasich is almost sure to sign it.
Why is this a bad idea? Well, here’s what I wrote to my local newspapers:
This week, Ohio’s Senate begins deliberations on the so-called “Heartbeat Bill” (HB 125) – anti-abortion legislation so extreme that it failed to garner the support of Ohio Right to Life. [By now, it's "last week," and the bill has made it out of committee.]
Imagine you (or your daughter, or your sister) were six weeks pregnant and didn’t know it. This bill would take away your right to choose even at that early date. It’s very common for women to be unaware of their pregnancy when they are only six weeks along. For those women, the Heartbeat Bill would effectively outlaw abortion altogether.
Even in cases of rape, incest, or threats to the woman’s health, HB 125 destroys a woman’s right to choose. This is an extreme position that most Ohioans do not embrace, including many folks who have qualms about abortion.
Perhaps you’re sure you would never get an abortion yourself. But do you really want the government deciding instead of women? Should legislators be making medical and moral decisions that impact a woman’s health and future? That’s what I’d call big government.
Would you want to criminalize health care providers who serve women? This bill would make felons of doctors or nurses who help terminate a pregnancy unless they can document a “serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.” Medical professionals will be forced to weigh legal risks to themselves against the physical risks to their patient.
The Heartbeat Bill is so extreme, it’s almost surely unconstitutional. The framework set forth in Roe v. Wade (the 1973 Supreme Court opinion affirming a woman’s right to choose) says that states cannot ban abortion prior to fetal viability – the point when a fetus can live outside the woman’s body. Even with all our technological advances, viability occurs no sooner than the 22nd week of pregnancy, much later than the six-to-eight week deadline set by the Heartbeat Bill.
If the Heartbeat Bill passes, it will be appealed up to the U.S. Supreme Court, where it’s nearly certain to be struck down. (That’s why Ohio Right to Life opposed its introduction into the House.) First, though, the state of Ohio would be exposed to a costly legal battle funded by us taxpayers.
This week [again - last week!], the Senate committee on Health, Human Services, and Aging is holding hearings on this extremist bill. I urge our legislators – especially Republicans committed to “small government” – to do the common-sense thing: vote NO on HB 125.
If you’re an Ohio resident and feel moved to contact your senator, here’s a locator.