The Glade 4.0

Ohio Republican lawmakers introduce slew of bills aimed at restricting access to abortions, including first-of-its-kind 'heartbeat' proposal
By Reginald Fields, The Plain Dealer

COLUMBUS, Ohio -- In a span of eight days, Ohio Statehouse Republicans will have introduced five separate bills aimed at restricting access to abortions, including a controversial measure banning the procedure as early as six weeks after conception.

The latest proposal -- set to be announced today -- would make Ohio the first state to consider the so-called "heartbeat bill." It would outlaw abortions the moment a fetus' heartbeat is detected -- among the earliest stages a state has tried to ban the procedure.

"We are Ground Zero of what I believe will transform the pro-life movement," said Janet Folger Porter, president of Faith2Action and an architect of the bill which is also expected to be similarly introduced in other states. "It will be the most protective legislation in the country."

With Republicans controlling all three branches of state government, GOP leaders here are pining for a fight on one of the most controversial issues in American politics. Should such a state law reach the U.S. Supreme Court today, it would be argued in front of a conservative-leaning court.

While Roe v. Wade, the Supreme Court's landmark decision that gives a woman the right to choose an abortion and blocks states from banning the procedure, it does not mean Ohio can't pass a law sharply restricting a woman's access to getting one, lawmakers argue.

Legal scholars have already begun taking aim at the heartbeat bill.

The proposed bill would never withstand a legal challenge under the Roe v. Wade decision, critics say, because a fetus' heartbeat might occur before a woman even realizes she is pregnant.

States cannot outlaw abortions before a fetus is considered viable, meaning it can live outside the womb, said Case Western Reserve University School of Law professor Jessie Hill, who called the bill "symbolic legislation ... that's clearly unconstitutional."

"They can regulate, but they can't prohibit them," Hill said. "And that is a proposition that is so widely recognized by courts."

Another GOP bill introduced last week would ban late-term abortions at 20 weeks. A separate measure would exclude abortion coverage under the new federal health care law, and another would apply stricter parental consent rules for teenagers wanting abortions.

Under current law, minors do not need parental consent if they can convince a juvenile court to allow the abortion. While Ohio has a ban on what critics call partial-birth abortions, women can have abortions by other methods through the ninth month of pregnancy.

Republican lawmakers tried as recently as 2006 to ban most abortions in Ohio, introducing a bill that would have made it a felony for doctors to perform the procedure unless a woman's life was in danger. The bill failed after one emotionally-charged committee hearing.

But fresh on the heels of a hugely successful election cycle last November that saw Republicans capture the governor's office, the House, retain the Senate and all but one of the seven state supreme court justice seats, GOP leaders say the time is right to again push an anti-abortion agenda.

"I think any time is the right time to address abortion," said Ohio House Speaker Bill Batchelder, a Republican from Medina. Four of the five abortion bills were introduced in the House.

Abortion-rights advocates view the bills as an attack on women's reproductive rights and fear some of the bills will pass because of the Republican majority in the General Assembly.

"We haven't seen this environment in a very long time," said Kellie Copeland, executive director of NARAL Pro-Choice Ohio. "I would expect to see these bills pass."

State Rep. Lynn Wachtmann, a Northwest Ohio Republican, will formally introduce the heartbeat bill today. The measure already has more than 40 co-sponsors.

"One of my goals as a legislator is to push the pro-life agenda as far as we can," Wachtmann said Tuesday. "The elections of Nov. 2 last year certainly changed the dynamics of public policy."

Already officials from other states, including Texas and Georgia, have asked for copies of Ohio's heartbeat bill so they can introduce their own versions, Folger Porter said.

Still, one key anti-abortion advocate says that while Republicans might have the votes to push the heartbeat proposal through the legislature, he doubts the measure will ever actually be law in Ohio.

"The courts are going to block it," said Michael Gonidakis, executive director of Ohio Right to Life. "It will not save one baby's life."

Hill, the Case law professor and abortion-rights proponent , accused Wachtmann of grandstanding on a proposal he knows will not be upheld in court.

"This is a power play by Republicans," she said. "The sponsor knows that bill isn't going to go anywhere."

But other states have passed some restrictions pertaining to late term abortions and increasing parental consent guidelines for minors seeking an abortion.

And both supporters and critics of bills in Ohio addressing abortion in those two areas agree the state may just end up with legal-proof restrictions that Gov. John Kasich is expected to support.

Also, a Democrat has introduced a bill to restrict abortions. State Rep. Lorraine Fende, of Willowick introduced HB 7 last month which proposes an abortion ban at 22 weeks.

Six abortion bills under consideration
Introduction of the "heartbeat bill" today in the Ohio House of Representatives will be the sixth bill related to abortion introduced so far this year, when Republicans took control of the House.

Here is a summary of each:
•House Bill 7, sponsored by Rep. Lorraine Fende, Democrat of Willowick: To establish a late-term abortion ban when a woman is at least 22 weeks' pregnant and a doctor determines the fetus is viable, which means it can live outside the womb. Fende's bill has been overshadowed by another late-term abortion ban Republicans have sponsored.
•House Bill 78, sponsored by Rep. Kristina Roegner, Republican of Hudson, and Rep. Joe Uecker, Republican of Miami Township: Another late-term abortion ban, but this one would take effect at 20 weeks' of pregnancy when the fetus is viable. Both this proposal and House Bill 7 contain exceptions to the ban when a woman's life is in danger or in cases of other medical emergencies.
•House Bill 63, sponsored by Rep. Ron Young, Republican of Lake County, and Rep. Lynn Slaby, Republican of Copley, and Senate Bill 8, sponsored by Sen. Tim Grendell, Republican of Chester Township, and Sen. Karen Gillmor, Republican of Tiffin: These bills, which contain the same language, would make it more difficult for minors to get a juvenile court judge's permission to get an abortion without parental consent. The bills would require a judge to ask whether the minor understands the potential physical and emotional complications of abortion, and whether the minor has been coached into successfully avoiding parental consent.
•House Bill 79, sponsored by Rep. Danny Bubp, Republican of Southwest Ohio, and Rep. Uecker:
To prohibit abortion coverage in health care plans offered by the state under the new federal health care law, the Patient Protection and Affordable Care Act.
•The "heartbeat bill," sponsored by Rep. Lynn Wachtmann, Republican of Napoleon: To ban abortions when a heartbeat is detected in the fetus, which is typically in the first trimester of a pregnancy. The bill, to be introduced today, will include exceptions for medical emergencies.

In comic strips the person on the left always speaks first. - George Carlin

In comic strips the person on the left always speaks first. - George Carlin

I have always wondered how any one could not know if they are pregnant. If you’re having sex (regardless of the type of protection) there’s a chance you may be pregnant. Keep a close eye on your cycle, and if your period is not there after 5 weeks, go pee on a stick.

I know some girls are irregular with their periods, but if you’re having sex, then you should always keep some sticks handy just to be sure…

These laws are kind of useless when someone can just drive three hours over to the next state and get their abortion.

Also note that it's not all that uncommon for a woman to have a regular period early in pregnancy. Not missing a period doesn't mean you aren't pregnant, it just lowers the chance.

That said, at 3 or 4 weeks, you might not even *have* a late period yet- so yes, it is well possible to detect a heartbeat before it's reasonable to assume a woman should know she's pregnant.

Or, it may be menstruation.

That said, at 3 or 4 weeks, you might not even *have* a late period yet- so yes, it is well possible to detect a heartbeat before it's reasonable to assume a woman should know she's pregnant.

I'd really like to know where they got that information. Most doctors will tell you that it is impossible to have a period while pregnant. As far as a period starting and then stopping due to pregnancy, that's virtually impossible as well from everything that I understand.

At 6 weeks the baby has not developed enough systems to create their own blood. They are pumping fluids which transfuse across the membrane (containing minimal cells) as the placenta isn’t developed enough. So yes they are pumping blood as in the liquid, but not pumping the type of blood we’re use to… if that makes sense >.<

At this stage, their hearts are pumping but not regulated by its own body. It’s more a reactive action, kinda like running a car on a treadmill to make sure the wheels work. It’s not really driving the car on the road…

Anyways, going off on a tangent cause of cute little tiny heart sacks… your post is interesting in that heart rate could be detected at 5 weeks. I’d imagine its using some pretty specialised sonography equipment as it is very faint… probably more visible…