Abortion rights: 5 legal questions courts may decide if proposed amendment passes

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Abortion rights: 5 legal questions courts may decide if proposed amendment passes
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Just look to Kansas to see a possible future in Ohio. The legislature there continues to try to ban abortion, despite the will of Kansas voters.

, even after voters supported abortion rights at the ballot. Last summer, Kansas voters defeated an amendment that would have allowed the state legislature to ban abortion, after an earlier state supreme court ruling concluded that the right to an abortion existed in the Kansas Constitution. Gov. Laura Kelly, a Democrat, has vetoed the anti-abortion bills that have come to her desk since last summer.

The proposed amendment speaks at a high level about abortion rights, and doesn’t explicitly mention any Ohio laws. “It said that the right to decide to terminate a pregnancy is within the general right of bodily integrity and the ability to control one’s own body,” said Richard Levy, a law professor at the University of Kansas. “That still leaves open a lot of questions about whether any particular measure could be deemed to serve a compelling governmental interest and be narrowly tailored.

Mehek Cooke, a Columbus-area attorney and spokeswoman for the anti-amendment campaign, Protect Women Ohio, said the laws the legislature has passed over the years will be dismantled if the amendment passes.

This law is known as “judicial bypass,” because minors are bypassing permission from their parents by going to courts. It is often sought by girls who allege abuse in their homes. Judicial bypass is jurisdiction-specific. In many conservative Ohio counties, judges almost never authorize the minor to have an abortion, Kobil said.“The Ohio Supreme Court, it is fair to say, is currently much more conservative than that U.S. Supreme Court was,” he said.

The proposed amendment would allow state restrictions on abortion “to advance the individual’s health in accordance with widely accepted and evidence-based standards of care,”, and Kobil said the parental consent law could be considered in alignment with the amendment.

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