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Ohio Attorney General Dave Yost Continues to Stand in the Way of the Reproductive Rights Amendment

Bruce Gerencser 6 Comments
dave yost

By Marilou Johanek, used with permission from Ohio Capital Journal

It was plain what Ohio voters approved last November with Issue 1. An overwhelming majority of Ohioans voted for a reset on abortion rights after relentless government assault on reproductive freedoms under the state’s patriarchal theocratic rule.

The consensus of 57% of the electorate was to enshrine the fundamental right to abortion in the Ohio Constitution.

Issue 1 also explicitly barred the state from directly or indirectly burdening, prohibiting, penalizing or interfering with access to abortion, and discriminating against abortion patients and providers.

It’s right there in the ballot language of the constitutional amendment voters said “yes” to last November. But now, Ohio Attorney General Dave Yost, who issued a legal analysis that largely stood against Issue 1 before it was approved by voters, argues Ohioans didn’t vote for what they did.

For months Yost has been doing his level best to legally obstruct implementation of the newly amended state constitution by maintaining the legitimacy of burdensome and discriminatory pre-Issue 1 abortion restrictions that clearly violate the letter of the law post-Issue 1.

He slow walks every single constitutional challenge to every single Republican statute still on the books that interferes with abortion access by erecting unnecessary government barriers between a woman and her right to an abortion.

Yost had the gall to contend that Ohio voters didn’t pass Issue 1 to block unnecessary government-mandated delays before patients are allowed to obtain abortions, or to eliminate government-mandated information (that is at least irrelevant and at worst distressing) prior to receiving care.

Yes. They. Did.

Yost cannot pick and choose, a la carte, which provision of the voter-mandated abortion rights amendment applies to unconstitutional restrictions that remain in the Ohio Revised Code.

But that’s what he’s trying to do in courtroom arguments to keep burdensome and discriminatory state abortion restrictions in force indefinitely, including the 24-hour waiting period for abortion patients – a medically unwarranted government mandate not applicable to any other medical procedure – plus separate, in-person visits for patients to be schooled in required anti-choice material designed to discourage abortions.

Yost and his fellow Republican theocrats like to intimate that childlike Ohioans who voted for Issue 1 didn’t fully understand what they were doing. The naïve majority who cast their ballots in favor of the amendment simply failed to grasp what it meant to the common sense abortion regulations Republican men had imposed on Ohio women.

Court filings by Yost’s office suggest gullible citizens thought a vote for Issue 1 would just give women the same abortion rights they had under Roe v. Wade. Never mind what the language added to the Ohio Constitution (and read by Issue 1 voters) actually said.

Yost analyzed that text at length last year before the November election in a disingenuous critique ripped by a former Ohio AG and AG candidate as “a biased hit piece that is intended to confuse voters and weaken support for the amendment.”

Yost concluded that all state abortion laws, such as the 24-hour waiting period and state mandated “informed consent” provisions, would likely be erased if the amendment passed. They “would certainly be challenged under Issue 1” and subject to the “exclusive scrutiny test” of the court as to whether or not they “burden, penalize, prohibit, interfere with, or discriminate against” the right to abortion, reasoned Yost.

The problem is, countered his peers, “no such standard of review exists in law – Yost has created it out of whole cloth to support his arguments.”

Yost was, wrote Marc Dann and Jeff Crossman, “deliberately misleading” with “hyperbolic claims and scare tactics.”

He was also revealing his fealty to partisan extremism over the public interest of truth-telling.

Today, Yost crafts his own textual interpretation of the changes Ohioans mandated in state abortion law and audaciously assumes what voters were thinking when they enshrined the right “to make and carry out one’s own reproductive decisions” in their constitution. It is obvious he does not respect the will of the people or acknowledge their sovereignty in self-governance.

Yost, ever the media hound, wants to attract attention as a courtroom combatant for the hard right. To that end, he will fight constitutionally protected abortion rights in Ohio with protracted litigation and frivolous appeals to subvert implementation of the law with whatever legal tool he has to keep Ohio women subjugated as second-class citizens.

Yost is fixated on generating headlines and getting on TV. So he pursues partisan lawsuits with other Republican AGs to exploit MAGA wedge issues, especially concerning transgender equality, and files a slew of Trump-loving, regulatory-hating amicus briefs to the Supreme Court.

Ohio’s chief law enforcement officer waves off Trump’s 88 felony counts in four jurisdictions for charges ranging from “pervasive and destabilizing lies” about election fraud to illegally hoarding classified documents and falsifying business records in a hush money coverup to win the 2016 election. Yost appears guided by selective application of the law when it comes to the accused felon and presumptive presidential nominee of his party.

But Ohio’s AG is misguided if he thinks Ohioans are willing to concede that same selectivity when it comes to their hard-won constitutional right to reproductive freedom. They know what they voted for and so does Yost.

Bruce Gerencser, 66, lives in rural Northwest Ohio with his wife of 45 years. He and his wife have six grown children and thirteen grandchildren. Bruce pastored Evangelical churches for twenty-five years in Ohio, Texas, and Michigan. Bruce left the ministry in 2005, and in 2008 he left Christianity. Bruce is now a humanist and an atheist.

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Republican Ohio Attorney General Dave Yost Wants to Suffocate Death Row Inmates to Death

Bruce Gerencser 7 Comments
dave yost

By Alan Johnson, Ohio Capital Journal, Used with Permission

Ohio Attorney General Dave Yost just couldn’t resist jumping on board a new way to kill people – or the opportunity to be in front of television cameras.

Yost, Ohio’s two-term Republican attorney general, on Tuesday announced his support for legislation to allow nitrogen hypoxia to be used in Ohio executions. The bill is sponsored by state Reps. Brian Stewart, R-Ashville, and Phil Plummer, R-Dayton.

Yost said Ohio has “broke faith” with crime victims and jurors by not carrying out death sentences for the last five years while capital punishment remains law. Without mentioning Gov. Mike DeWine by name, Yost said not following the law is “an abdication of the sovereignty of the state of Ohio.”

The proposal, which has 13 cosponsors, would allow condemned inmates to choose between execution by lethal drugs or nitrogen hypoxia. However, nitrogen hypoxia would be used if lethal injection drugs are unavailable, which has been the case for the past five years.

Yost, who desperately wants to be Ohio’s next governor, is woefully misguided in pushing Ohio to follow suit with Alabama by adopting nitrogen hypoxia for capital punishment.

His push at this point is untimely, unseemly, and unnecessary. It is an exercise in personal and political vanity at a time when Ohioans are less interested in executions. Bipartisan legislation to end capital punishment is pending before the General Assembly.

Alabama executed Kenneth Eugene Smith on Jan. 27, using nitrogen gas for the first time in U.S. history. Officials called it a “textbook” execution but media eyewitnesses described a quite different scene as Smith shook violently and thrashed on the gurney after the gas began flowing. He gasped for breath for several minutes and appeared to be dry-heaving into the mask covering his face.

The execution of Dennis McGuire on Jan. 16, 2014, was one of the last executions I witnessed as a reporter for the Columbus Dispatch. Like the execution of Smith, McGuire’s death by lethal injection was a nightmare. He gasped, choked, struggled, and writhed on the execution table for 12 minutes before, mercifully, it was over. It was by far the most gruesome of 21 executions I witnessed.

In the process used on Smith, nitrogen — and no oxygen — is pumped into an airtight mask worn by the condemned. The result is suffocation. It is so dangerous that a spiritual adviser in the execution chamber had to sign a waiver of liability in case the gas leaked.

Ohio hasn’t had an execution since 2018. Gov. DeWine, also a Republican, has repeatedly delayed scheduled executions, citing the lack of availability of lethal injection drugs. It is certain there will be no executions here until the end of his term in 2026.

So why is Yost weighing in at this point? 

He tipped his hand last year when he used the Capital Crimes Report issued annually by the attorney general as a bully pulpit to express his desire to resume executions which he said have been stalled far too long. He waved the report at Tuesday’s press conference.

Now he’s in a head-to-head battle with Lt. Gov. Jon Husted as prime competitors for governor in two years. Husted has been rolling out press releases on a variety of topics. The common wisdom about the attorney general is the most dangerous place to be is between Yost and a television camera.

I have known Dave Yost, who for a while went by Davyd Yost, for more than 30 years. We were competitors at Columbus City Hall when I worked for the Columbus Dispatch and he reported for the Columbus Citizen-Journal, now defunct.

He was a good journalist, a fair to middling musician, and a fun guy to be around.

But then he got a law license, became a prosecutor, got MAGA-tized, and took a hard turn to the right.

He professes to be a Christian and opposes abortion.

This is where I cannot understand his thinking. If all life is sacred, as abortion opponents contend – and I agree – how can you favor taking the life of someone through execution? Either all life is sacred or it is not. There is no gray area.

Both Yost and Stewart danced around the sanctity of life question at the Statehouse press conference, seeking to contrast an “innocent life and a guilty life.”

Life is life. Imago dei. The image of Christ.

It would be wise (albeit unlikely) for Yost to heed the words of former U.S. Supreme Court Justice Harry Blackman, a Republican appointed by Richard Nixon.

In a famous dissent in a 1994 murder case before the Supreme Court, Blackman wrote:

“From this day forward, I no longer shall tinker with the machinery of death. I feel…obligated simply to concede that the death penalty experiment has failed. It is virtually self-evident to me now that no combination of procedural rules or substantive regulations ever can save the death penalty from its inherent constitutional deficiencies.”

It’s time to end, not extend the use of capital punishment in Ohio.

Bruce Gerencser, 66, lives in rural Northwest Ohio with his wife of 45 years. He and his wife have six grown children and thirteen grandchildren. Bruce pastored Evangelical churches for twenty-five years in Ohio, Texas, and Michigan. Bruce left the ministry in 2005, and in 2008 he left Christianity. Bruce is now a humanist and an atheist.

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Ohio Legislators Want to Make “Capitalism” a Required Subject for High School Students

Bruce Gerencser 3 Comments
capitalism

By Megan Henry, Used with Permission from Ohio Capital Journal

An Ohio bill adding capitalism to a high school financial literacy credit is one step closer to becoming law. 

The Ohio House passed Senate Bill 17 with a 66-26 vote during Wednesday’s session. Four Democrats voted for SB 17 — Bride Rose Sweeney, Dani Isaacsohn, Elliot Forhan, and Richard Dell’Aquila. Every senator voted for SB 17 except state Sen. Paula Hicks-Hudson, D-Toledo. 

The Ohio Senate must agree to changes in the bill before it heads to Gov. Mike DeWine’s desk for his signature. 

State Sen. Steve Wilson, R-Maineville, introduced the bill last year, which lays out 10 free market capitalism concepts that would be taught. 

“One of the most important ways to prepare (students) for a successful life ahead is to make sure that they understand how money works and how that system works,” Wilson said last year during his sponsor testimony. 

The current law requires the State Board of Education to adopt standards and curriculum for financial literacy instruction, but does not clarify what must be included in the standards or model curriculum. 

The ten concepts proposed under SB 17:

  1. Raw materials, labor, and capital are privately owned. 
  2. Individuals control their own ability to work and earn wages. 
  3. Private ownership of capital may take many forms, including via a family business, a publicly traded corporation, or a bank, among others. 
  4. Market prices are the only method to inform consumers and producers about the constantly changing information about the supply and demand of goods and services. 
  5. Both sellers and buyers seek to profit in a free market transaction, and profit earned can be consumed, saved, reinvested, or dispersed to shareholders. 
  6. Wealth creation involves asset value appreciation and depreciation, voluntary exchange of equity ownership, and open and closed markets. 
  7. The free market positively correlates with entrepreneurship and innovation.  
  8. The free market may involve externalities and market failures in which the cost of certain economic activities is borne by third parties. 
  9. The free market often accords with policies like legally protected property rights, legally enforceable contracts, patent protections, and the mitigation of externalities. 
  10. Free-market societies often embrace political and personal freedoms.

“It would be up to the teacher to decide how much time to use in their classroom as they’re adding these additional concepts,” state rep Adam Bird, R-New Richmond, said during Wednesday’s session. 

As a former teacher, state rep. Sean Patrick Brennan, D-Parma, has reservations about SB 17. 

“I can attest that it’s already a very daunting task to cover all the topics thoroughly in financial literacy,” Brennan said during Wednesday’s House session. “I’ve always believed in the foot-long, foot-deep model of teaching, rather than the mile-long, inch-deep model, where students are thrown a lot of material in a short amount of time, and not given sufficient time to master it and truly put it to use in their lives.”

Ohio Education Association President Scott DiMauro said he doesn’t think the “overall thrust of the bill” will make a major change. 

“As a high school social studies teacher myself, I always taught about capitalism and the differences between capitalism and socialism in the classes that I taught, whether it was in history or government or economics, so I don’t know that it’s going to really make too much of a difference,” he said. “Kids are already being taught those concepts.” 

The financial literacy class can be an elective or as a substitute for a half-unit of mathematics — something former teacher and state rep. Joe Miller, D-Amherst, is not a fan of.

“In Ohio, let’s teach students less math as we move into the advanced tech economy with Intel coming in,” he said during Wednesday’s House session.

Intel is coming to Licking County, but the Wall Street Journal recently reported the timeline to finish the $20 billion project has been delayed and won’t be ready until late 2026 or 2027. 

Ohio’s current law requires teachers to have a financial literacy license in order to teach financial literacy, unless they teach social studies, family and consumer sciences, and business education.

Under SB 17, math teachers would be able to teach financial literacy. 

The bill would allow high school students to meet their financial literacy requirements by taking Advanced Placement Microeconomics or Macroeconomics.

“I’ve known a lot of really bright AP students over the years,” Brennan said. “They’re incredible, but they have no idea the difference between a whole life life insurance policy and a term life insurance policy, or the various types of mortgage options available when one’s looking to buy a home.”

Bruce Gerencser, 66, lives in rural Northwest Ohio with his wife of 45 years. He and his wife have six grown children and thirteen grandchildren. Bruce pastored Evangelical churches for twenty-five years in Ohio, Texas, and Michigan. Bruce left the ministry in 2005, and in 2008 he left Christianity. Bruce is now a humanist and an atheist.

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Ohio Republican Lawmakers Voted to Take Away Parental Rights

Bruce Gerencser 8 Comments
Ohio Representative Gary Click, an IFB pastor in Fremont Ohio. Click, a homophobe, wants to ban all transgender healthcare — minors and adults

By Marilou Johanek, Ohio Capital Journal, Used with Permission

Busted. Ohio Republicans love to grandstand on parents’ rights and protection of children when they’re pushing culture war crazy like banning books, whitewashing history, or canceling nonexistent gender indoctrination in grade schools. They’re fighting for your parental rights to be in charge of your child and to protect that darling from all the fearful imaginings invented on Fox “News.”

All for show. A charade to justify mindless legislation on made-up crises. But the gig is up. State lawmakers masquerading as champions of parents and protectors of children just voted against parents deciding what’s best for their children and against protecting Ohio children from harm. Busted.

The supermajorities of gerrymandered Republicans in the Ohio Senate and Ohio House voted to replace parental authority with political control. The radical fundamentalists running state government with an iron fist know better than you parents when it comes to your child. Simple peasants with kiddos can’t be trusted to do the right thing. They need to be told by unaccountable authoritarians in the Statehouse.    

“We tell parents what to do all the time. So this isn’t any different. Sometimes the General Assembly has to step in and tell them what to do,” said Republican state Sen. Stephen Huffman.

“The same government that requires you to send your children to school…has the obligation to prevent parents and physicians from chemically castrating and sterilizing their children,” said Republican state Rep. Gary Click, sponsor of the extreme anti-trans bill becoming law in less than 90 days.

“The governor has said we should let parents make these decisions. Well, that’s nice as a headline,” but “there are parents making bad decisions, as parents always do,” said Republican state Senate President Matt Huffman.

What the impossibly arrogant and outrageous Republican overlords in the Ohio legislature are saying is that parents aren’t up to the job of raising their children without right-wingers calling the shots. Clearly the extremists believe parents with transgender minors are inadequate to the task of providing health care for them not proscribed by politicians (without medical or psychological training). 

When MAGA Republicans overrode Gov. Mike DeWine’s veto of an anti-trans bill that bans gender-affirming care for minors and restricts transgender participation in sports, they mocked parents of this state under the pretext of protecting their kids. They trotted out the same fearmongering delusions and alternative realities parroted in scores of other Republican-dominated legislatures to beat up a strawman unable to hit back.

They legislated away the rights of Ohio’s transgender youth and their parents not for any credible, medically-valid, evidence-based rationale, but because exploiting transgenderism is politically expedient in MAGA world. State Republicans enacted a gender-affirming healthcare ban — despite overwhelming opposition from physicians, children’s hospitals, counselors, parents, patients, and every major medical association in the country — because polls backed indefensible cruelty. Republicans stopped Ohio parents, relying on the best medical advice and long-established clinical practices, from giving their trans children gender-affirming treatment that could well save their lives.

The governor relayed parental concerns when he vetoed the bill Republicans restored. “They told me their child is alive only because they received care,” he said. “Ultimately, I believe this is about protecting human life.” Ultimately, Republican lawmakers believed targeting the transgender community with discriminatory legislation was worth sacrificing human life to score ideological points.

They broadly dismissed trans youth as “kids doing something stupid” and portrayed their parents as pushovers who succumb to “the culture that has been created behind this movement.” (?) Ohio Senate President Huffman — presumably a scholar on gender dysphoria, its diagnosis and treatment — also argued baselessly that “parents are being pressured” to accept their transgender children who are being “encouraged by a lot of people” to be trans so “of course, they’re gonna latch onto it.”

With that tortured logic, Republican leadership gaveled a sweeping anti-trans bill into law and ignored DeWine’s warning that the consequences on “a very small number of children … would be profound.” Collateral damage. The price of maintaining a MAGA Republican grip on power through hate-baiting. 

After putting vulnerable transgender youth in unnecessary danger by denying their parents the right to save them with health care, Republican state senators joined their counterparts in the House in refusing to protect Ohio’s kids and communities from tobacco addiction. It’s the leading cause of preventable death in Ohio, according to the state’s health director. 

However, the GOP supermajorities sided with Big Tobacco over local efforts to reduce the high rates of tobacco use among young Ohioans. So flavored tobacco products, hugely popular with high schoolers and young adults, will soon be back on store shelves after Republicans overrode the governor’s veto of a bill that prevented Ohio cities from banning their sale. 

Lawmakers voted not in the public interest or as proponents of kids, many of whom start vaping with widely available flavored products that target children with fruit or candy flavors. They legislated away the home rule rights of people trying to improve public health and prevent kids from becoming nicotine addicts at 14, 15, or 16 years old. Protecting the tobacco industry and businesses was more important.

Ohio MAGA Republicans can wail all they want about the protection of children or the rights of parents but truly the gig is up. The gerrymandered frauds have been exposed again. Busted.

Bruce Gerencser, 66, lives in rural Northwest Ohio with his wife of 45 years. He and his wife have six grown children and thirteen grandchildren. Bruce pastored Evangelical churches for twenty-five years in Ohio, Texas, and Michigan. Bruce left the ministry in 2005, and in 2008 he left Christianity. Bruce is now a humanist and an atheist.

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Will Ohioans Legalize Recreational Marijuana Use on November 7, 2023?

Bruce Gerencser 12 Comments
weed

By Jocelyn Rosnick, Ohio Capital Journal, Used with Permission

Nov. 7 is rapidly approaching and that means Ohio voters only have a handful of days to decide how they will vote on two critically important Statewide Issues. At its simplest, Issue 2 is a ballot initiative to legalize marijuana for adult-use in Ohio, regulating it just as the state does alcohol. 

Many Ohio lawmakers talk a good game about wanting to pass criminal legal system reform, but each session the political machine churns, and bills are cast aside. Even with bipartisan support, many drug policy reform efforts are whittled down to low-hanging fruit compromise bills — and it is often a herculean effort by sponsors to get these bills passed. At the same time, sentencing enhancement bills continue to be introduced and passed, session after session.

While legislation at the Statehouse stalls and movement occurs intermittently at the local level, Issue 2 would assist in creating an equitable playing field statewide. As an example, in 2019, Columbus City Council passed their own ordinance decreasing the penalties for marijuana possession compared to state of Ohio law. Although this is a positive step, its benefits reach only a specific geographic area. It also creates blurry lines within the criminal justice system, as law enforcement may technically cite individuals under Ohio law. If we are taking steps forward to reform our broken system, we should walk that path collectively as a state.

We the people have the power to pass the marijuana policies that we want. Criminal records mark people for life, making it hard to get a job, an apartment, and more. For decades, the ACLU has spoken out against the ineffective and failed “War on Drugs.” In actuality, the war on drugs is really a war on people — and it’s an inequitable one. A 2020 ACLU report found that Black people are 3.4 times more like to be arrested for marijuana possession than white people in Ohio. Issue 2 will help end unfairly harsh consequences for many marijuana offenses.

We strongly believe people who have been harmed by the enforcement of marijuana prohibition must have a place in the bourgeoning marketplace created by legalization. In addition to allowing adults 21 and older to buy and possess up to 2.5 ounces of cannabis and 15 grams of concentrates, as well as, grow a maximum of six plants individually and up to 12 in a household with multiple adults, Issue 2 also creates an impactful tax structure. Part of the newly created 10% adult-use tax will go towards a “Social Equity and Jobs Program” in the “interest of remedying the harms resulting from the disproportionate enforcement of marijuana-related laws and to provide financial assistance and license application support to individuals most directly and adversely impacted by the enforcement of marijuana-related laws who are interested in starting or working in cannabis business entities.”

According to a report by the Drug Enforcement and Policy Center at The Ohio State University, potential annual Ohio tax revenue from adult-use cannabis ranges from $276 million to $403 million after five years of operations. Thus, if operated effectively, this new fund could go a long way in reducing harm from failed marijuana policies of the past.

Moreover, Ohio law and policy is outdated and out of line with the majority of people across the country and right here in Ohio. A recent Gallop Poll noted that 50% of those surveyed stated that they had used marijuana at some time. Marijuana use is not a taboo issue. Likewise, Ohio will not be the first and surely will not be the last state to legalize marijuana for adult-use. 23 states, two territories, and the District of Columbia have already legalized marijuana for recreational use. This is not surprising as a 2022 Pew Research poll highlighted 59% of Americans think marijuana should be legal for recreational use, and these views are largely unchanged since 2021. 

Ohio is no outlier. The Coalition to Regulate Marijuana Like Alcohol leading the Issue 2 campaign published an August 2023 survey of 843 likely voters which noted 55% of respondents will likely vote yes versus only 34% who will likely vote no on Issue 2. The tide has turned.  

Issue 2 will also bring relief to those who need it as soon as they need it. While medical marijuana is legal in Ohio, for some, access is still a challenge. It’s high time to cut ties with failed marijuana policy and simply regulate adult-use like a growing number of states. Issue 2 is chance for Ohio voters to decide if they want to take that step forward. 

Bruce Gerencser, 66, lives in rural Northwest Ohio with his wife of 45 years. He and his wife have six grown children and thirteen grandchildren. Bruce pastored Evangelical churches for twenty-five years in Ohio, Texas, and Michigan. Bruce left the ministry in 2005, and in 2008 he left Christianity. Bruce is now a humanist and an atheist.

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Rejecting Ohio Issue 1 Would Bring Back a 6-Week Abortion Ban — With No Exceptions for Rape and Incest

Bruce Gerencser 8 Comments
abortion

By David DeWitt, Ohio Capital Journal, Used with Permission.

For 82 days last year, the impacts of Ohio Republicans’ six-week abortion ban threw our state’s medical community and patients into chaos, confusion, and nightmare scenarios that made international headlines.

Ohio’s abortion ban law that includes no exceptions for rape or incest was held up in court after being signed by Gov. Mike DeWine in 2019. It came crashing back following the U.S. Supreme Court’s Dobbs decision on June 24, 2022 to overturn Roe v. Wade.

Less than an hour after the decision, Attorney General Dave Yost filed to have a federal court lift an injunction on Ohio’s six-week ban. That night, the court granted the motion and DeWine signed an executive order permitting the Ohio Department of Health to set up rules for enforcement.

Three days later, a 10-year-old rape victim had to flee Ohio to Indiana for abortion care. The story made national news, but instead of acknowledging the devastating consequences of the extremist law Ohio Republicans had worked for decades to pass, they instead attempted to erase the 10-year-old’s story.

Yost went on Fox News to raise doubts about whether the story was true. Alex Triantafilou, who has since become the chairman of the Ohio Republican Party, went on Twitter to call the case, “A garbage lie that a simple google search confirms is debunked.” Ohio U.S. Rep. Jim Jordan tweeted, “Another lie. Anyone surprised?”

The story was not a lie: On July 12, Columbus police arrested the rapist, confirming the story. This past summer, he was sentenced to life in prison.

Ohio Republicans’ radical abortion ban remained in place from June 24, 2022 until a Hamilton County Common Pleas Court judge issued a temporary restraining order against it on Sept. 14, 2022, and a preliminary injunction against it on Oct. 7, 2022. The Republican-controlled Ohio Supreme Court is now considering whether or not to lift that injunction while the Hamilton County case proceeds.

With the injunction currently still in place, abortion is legal in Ohio up until 22 weeks. If the Republican Ohio Supreme Court majority lifts the injunction, then Ohio’s six-week ban comes roaring back once again.

That is, unless Ohio voters decide to pass Issue 1 on Nov. 7, putting protections for reproductive rights such as abortion care, miscarriage care, contraception, fertility treatment, and continuing one’s pregnancy in the state constitution. The amendment would protect access to abortion care up to the point of fetal viability, and would only be allowed after that point to protect the life of the mother.

The nightmare scenarios during the nearly 12 weeks that Ohio’s extremist abortion ban was in place did not stop with the tragic story of the 10-year-old.

At least two more minors made pregnant by sexual assault were forced to leave Ohio to avoid having their rapists’ babies, according to sworn affidavits filed by doctors.

Ohio’s own abortion statistics show that it’s disturbingly possible for children to become impregnated. In 2022, 42 girls aged 14 and younger had abortions in Ohio, according to the state department of health. In 2021, it was 57. In 2020, it was 52. Ten-year-olds who become pregnant are by definition rape victims, but again, Ohio’s six-week abortion ban law doesn’t make exceptions for rape or incest.

The traumatic consequences of the law that prevented child rape victims from receiving abortion health care stretched well beyond them. The doctors’ affidavits also described more than two dozen other instances in which the abortion law put Ohio women under extreme duress.

They included two women with cancer who couldn’t terminate their pregnancies and also couldn’t get cancer treatment while they were pregnant.

Other women had partially delivered fetuses too undeveloped to survive only to see the delivery stall. In that condition, with the fetus partly out, they had to sign paperwork — and then wait for 24 hours, or for the fetus’s heart to stop.

Women suffering other complications such as a detached umbilical cord faced similar intrusions just after they were devastated to learn they would lose a child they dearly wanted. They, too, had to wait a day or for fetal demise. In one instance, that took 14 hours, a doctor said.

Still other women — shattered to learn that the baby they’re carrying lacks vital organs necessary for survival — were told that in Ohio they had to carry that baby, possibly for months, only to see it be stillborn, or to watch it quickly die.

“Being forced to go down the path is just an unequivocal nightmare, especially if you think of someone going through an entire pregnancy against their will when they know the fetus is going to die,” said Dr. David Hackney, maternal fetal medicine specialist in the Cleveland area, and chair of the American College of Obstetrics and Gynecologist’s Ohio chapter.

In the affidavits, doctors described the scene as women and girls suddenly learned they couldn’t get the abortions they were planning on: Many cried inconsolably. Several threatened suicide. One woman said she’d drink bleach. A high school student who couldn’t stop vomiting was hospitalized and placed on suicide watch. One woman said she’d try to end her pregnancy by hurling herself down some stairs

Under the six-week ban, Ohio doctors faced potential felony criminal charges and risks to their medical licenses because of what they said are unclear regulations and specifications on abortion stemming from the law.

Doctors said that the six-week ban had them working against their Hippocratic oaths to do no harm.

“These are dire pregnancies,” said maternal fetal medicine doctor Tani Malhotra. The mothers “are so devastated as it is. And we are just re-traumatizing them over and over again. And it’s heartbreaking to watch them already going through the movements of accepting the loss that they’re about to have and then we come in and say ‘Sign these papers’ so we can add insult to injury.”

For doctors, when and whether the law permits abortions is not an academic exercise: If they violate it, they can be charged with felonies, be sued in civil court, and subjected to professional sanctions. Nevertheless, Yost failed to provide medical practitioners any legal guidance around the law.

The pain, suffering, chaos, and confusion described above is the reality that Ohioans experienced from June 24, 2022 until Sept. 14, 2022 under the six-week abortion ban that opponents of Ohio Issue 1 are fighting to keep as Ohio law.

Ohio voters now have less than 20 days to decide if they want to help revive that reality, or pass a proposed amendment that would prevent it.

Bruce Gerencser, 66, lives in rural Northwest Ohio with his wife of 45 years. He and his wife have six grown children and thirteen grandchildren. Bruce pastored Evangelical churches for twenty-five years in Ohio, Texas, and Michigan. Bruce left the ministry in 2005, and in 2008 he left Christianity. Bruce is now a humanist and an atheist.

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Your comments are welcome and appreciated. All first-time comments are moderated. Please read the commenting rules before commenting.

You can email Bruce via the Contact Form.

.

Bruce Gerencser