Projections: Issue 1 Passes, Abortion Rights Protected in Ohio Constitution

Ohioans have decided the fate of abortion access in the state.

Nov 7, 2023 at 8:04 pm

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If Ohio rejects Issue 1, it is likely that a six-week ban on abortion care could be reinstated, which is before most people know they are pregnant.

Voters across Ohio are deciding on Issue 1, the constitutional amendment that would protect the right to access abortion care in the state.

If Issue 1 receives majority No votes, a six-week ban on abortion is likely to be reinstated by Ohio's conservative Supreme Court. If Issue 1 receives a majority of Yes votes, a 6-week ban on abortion services would be considered unconstitutional and abortion access would remain available up until fetal viability, or about 24 weeks gestation.

The latest results

The Associated Press is projecting Ohio Issue 1 will pass. As of 9:10 p.m., YES on Issue 1 has 57.42% of the vote with nearly 25% of precincts reporting.

Numbers last updated at 9 p.m.:

With 16.84% of precincts reporting, YES on Issue 1 is ahead with 58.74% of the vote, or 791,772 votes. NO on Issue is at 41.26% with 556,165 votes.

Numbers last updated at 8:30 p.m.:

With 1.87% of precincts reporting, YES on Issue 1 is ahead with 63.21% of the vote, or 557,415 votes. NO on Issue is at 36.79% with 324,412 votes.

Numbers last updated at 8 p.m.:

A half hour after polls closed, Issue 1 is out of the gate with YES leading at 65.70%, or 417,711 votes. NO on Issue 1 is trailing at 34.30% or 218,038 votes.

What is Issue 1?

After Roe v. Wade was overturned in June 2022, Ohio’s six-week abortion ban went into effect for about 11 weeks until a Hamilton County judge put a temporary restraining order on the bill. While the “heartbeat” bill has been held up in court, abortion has been legal in Ohio up until 22 weeks gestation. On Nov. 7, Ohioans are voting on Issue 1, which seeks to protect an individual’s right to “make and carry out one’s own reproductive decisions.” The language of the amendment would include abortion, contraception, fertility treatments and miscarriage care. Enough “Yes” votes for Issue 1 would mean patients in Ohio and nearby states could continue to seek out legal abortion care before the gestational age of viability, or about 24 weeks.

Opponents of Issue 1 believe the amendment allow abortions “up until the time of birth," but doctors have repeatedly testified that abortions that take place are non-viable pregnancies or pregnancies that threaten the life and well being of the pregnant patient.

Opponents of the amendment also say the change would limit parents' right to decide whether or not their child gets an abortion.

Children below the age of 18 already can’t access abortions without parental consent in the state of Ohio. The only way for a minor to access without parental permission is to be granted a judicial bypass to waive the requirement. Planned Parenthood of Greater Cincinnati told CityBeat in an emailed statement that Title X allows minors to access confidential reproductive and sexual health care, but abortion services still require parental permission.

Because the amendment applies to Ohio "individuals," opponents worry passing Issue 1 would allow minors to bypass parental permission to access gender-affirming healthcare. Gender-affirming care is never mentioned as an example of reproductive healthcare in the amendment's language, and doctors in the state already require a parent or guardian's permission to start a minor on hormone therapy.

If Ohio rejects Issue 1, it is likely that a six-week ban on abortion care could be reinstated, which is before most people know they are pregnant.

More races to follow:

Projections: Issue 2 Passes, Recreational Marijuana to be Legal in Ohio: Ohioans have decided to legalize recreational marijuana in the state.

Issue 24 Live Results: Affordable Housing Issue Projected to Fail: Cincinnati voters have decided whether or not to increase taxes to fund affordable housing.

Issue 22: Cincinnati Voters Approve Sale of Cincinnati Southern Railway: Cincinnati voters are deciding whether or not to sell the Cincinnati Southern Railway to Norfolk Southern.

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About The Author

Madeline Fening

Madeline Fening is CityBeat’s investigative news reporter. Proudly born and raised in Middletown, she attended Bowling Green State University before moving to Austin, Texas where she dabbled in documentary filmmaking, digital news and bartending. Madeline then moved to Cincinnati to work for WCPO 9 News as an...