Most voters, as we’ve seen repeatedly, want abortion to be legal. Last August, a Kansas measure declaring that abortion isn’t protected by the state’s Constitution was defeated by an overwhelming 18 percentage points. In the midterms, there were abortion-related initiatives on the ballots in five states, including Kentucky and Montana, and the pro-choice side won all of them. Encouraged by these victories, activists are planning ballot measures to restore reproductive rights in states including Arizona, Florida, Missouri and, of course, Ohio.
Ohio has been trending right for years, but gerrymandering ensures that the State Legislature is far more extreme than the population. As The Statehouse News Bureau, a news organization devoted to Ohio politics, has reported, “Ohio’s voter preference over the past 10 years splits about 54 percent Republican and 46 percent Democratic.” Yet under Ohio’s highly gerrymandered maps, Republicans control 67 of 99 State House seats and 26 of 33 State Senate seats. The Ohio Supreme Court has repeatedly ruled these maps unconstitutional, but before the last election, federal judges appointed by Donald Trump ordered the state to use them.
“This August election is sort of a final vote that gives the people any chance to say, at some point we still exert power here,” said David Pepper, former head of the Ohio Democratic Party and author of “Laboratories of Autocracy,” a book about undemocratic right-wing statehouses.
Ohio, you might remember, is the state that forced a 10-year-old rape victim to flee to Indiana for an abortion. Its prohibition on abortion once fetal cardiac activity is detectable — usually at around six weeks of pregnancy — has no exceptions for rape or incest. The Republican governor, Mike DeWine, told The Statehouse News Bureau that even though he signed the law, he thinks it goes farther than voters want, and he urged lawmakers to amend it, though he didn’t specify how. But with Republicans in gerrymandered districts more worried about primary challenges from the right than about general election challenges from the center, they have little incentive to respond to public sentiment. Instead, some anti-abortion lawmakers want even stricter anti-abortion laws, and one, Representative Jean Schmidt, has said she’d consider a ban on birth control.
The November ballot initiative to make abortion a constitutional right is a chance for Ohio voters to circumvent their unrepresentative representatives. With this August initiative, the Republicans are working to head off the voters by essentially asking them to disenfranchise themselves. Because most people are unlikely to give up their rights quite so easily, Republicans scheduled the vote at a time when few are paying attention. Just last December, Ohio Republicans voted to effectively eliminate August special elections because of their expense and low turnout. But for this election, they reversed themselves.