Ohio Legislature Sends Anti-Abortion ‘Heartbeat’ Law To Governor’s Desk: Harsher Abortion Guidelines Face Constitutional Challenge

The Ohio legislature might have sent the “heartbeat” anti-abortion law to Governor John Kasich’s desk, but these harsher abortion guidelines will likely face a constitutional challenge.

Abortion, a controversial subject at the best of times, burst back into courtrooms and legislatures after Donald Trumps’ victory in the November election.

According to CNN, the bill will “ban abortions in that state from the moment the heartbeat of a fetus can be detected, which usually occurs about six weeks into a pregnancy.” Should the abortion bill be signed by Kasich and somehow pass the inevitable constitutionality challenge, Ohio will have one of the toughest, if not the toughest, stances on abortion in the United States.

John Kasich is anti-abortion, and he has indicated he only supports abortion in the event of danger to the mother’s life, rape, and incest. He has only a few days left to sign this abortion legislation into law or send it back to the State Senate.

One of the unusual characteristics of this particular bill is that it also bans abortions sought due to rape or incest, a point usually conceded by conservative lawmakers. It maintains the standard clause permitting abortion in the event the mother’s life is threatened.

Abortion has been legalized since the controversial 1973 Roe v. Wade ruling when the Supreme Court established the right to abortion nationwide. It also established the legality of states to modify what is considered an acceptable abortion.

Fox News describes those rights as “states were permitted to restrict abortions after viability, which is the point when the fetus has a reasonable chance of surviving, under normal conditions, outside the uterus. The ruling offered no legal definition of viability, saying it could range between 24 and 28 weeks into a pregnancy.”

The anti-abortion “heartbeat” bill would cut the permitted window to seek and abortion to roughly a fourth of what has been considered the standard time frame. The American Civil Liberties Union (ACLU) and Planned Parenthood have consistently challenged legislation seeking to change abortion rights, and Ohio’s new abortion bill will likely have its day in court.

If @JohnKasich signs #HeartbeatBill, we'll sue. #20WeekBan may pass as early as tmrw. Both are unconstitutional & should veto. #StoptheBans

— ACLU of Ohio (@acluohio) December 7, 2016

Ohio state Senator Kris Jordan (R) attached the key provisions from the “heartbeat” bill to another set of legislation which would streamline reporting of child abuse situations.

“We are a pro-life caucus…,” CNN reports Jordan saying. “The passage of this legislation in the Ohio Senate demonstrates our commitment to protecting the children of Ohio at every stage of life.”

On the other hand, State Senator Charleta Tavares described the legislation and the changes to CNN, saying, “We allowed a good bill that protects the health and safety of our children to be bastardized into a government takeover of women’s wombs.”

Recent events in Ireland have brought the abortion controversy to new heights as a pregnant woman died in October due to a miscarriage.

Savita Halappanavar was 17 weeks pregnant when she developed complications with the pregnancy. These complications resulted in the death of the mother.

The Telegraph reports that “despite her repeated pleas over three days, doctors refused to perform a termination as they could still hear the foetus’s heartbeat, reportedly telling her: ‘This is a Catholic country.'”

Mrs. Halappanavar’s condition rapidly deteriorated, and she died after developing septicemia four days after the death of her baby.”

The Irish Supreme Court declared in 1992 that abortion should be allowed if the life of the mother was in danger, but the law itself has never been changed. Following the death of Savita Halappanavar, pro-abortion activists in Ireland have protested the current abortion laws, seeking changes.

So what are your thoughts on the recent developments in Ohio? Should Kasich sign the anti-abortion “heartbeat” bill to protect unborn children, or should he oppose the legislation to preserve women’s right to their own bodies? Tell us your thoughts in the comments below!

[Featured Image by Mike Munden/Getty Images]