How anti-abortion 'Heartbeat Bill' passed Ohio House





COLUMBUS – After GOP "no" votes killed it last year, the controversial anti-abortion "Heartbeat Bill" passed the Ohio House this week, thanks to votes from a more conservative Republican caucus – including two new Southwest Ohioans.

The legislation would ban abortions after the detection of the first fetal heartbeat – as early as six weeks into a pregnancy – without an exception for pregnancies conceived out of rape or incest.

Many Republicans have opposed the bill, saying it won't stand up in court, jeopardizing other anti-abortion legislation. The American Civil Liberties Union of Ohio has vowed to sue if the bill becomes law. But Heartbeat Bill supporters have argued a legal battle over the bill could be a tool to overturn Roe v. Wade.

This year's House Republican caucus sided with the Heartbeat Bill supporters. The House now has a record 65 Republicans out of 99 total members, up from 60 in 2013-14. Along with picking up five seats from Democrats in November, the GOP added some new members who are more conservative than their Republican predecessors.

'Yes' votes from Dever, Zeltwanger

Two of the GOP's new "yes" votes on the Heartbeat Bill came from Madeira's Jonathan Dever and Mason's Paul Zeltwanger.

Dever in November won the race to succeed outgoing Democrat Connie Pillich, of Montgomery. Zeltwanger won election to the seat vacated by Mason Republican Peter Beck, who is currently standing trial for alleged fraud. Beck had supported the Heartbeat Bill in 2011, but had resigned before the bill stood for a vote last year.

Dever had avoided taking a stance on the Heartbeat Bill before the November election, saying he didn't believe the legislation would get a vote in the House. He told The Enquirer editorial board he wanted to "protect and preserve innocent life," but favored preventing abortion through personal conversations. "I just don't believe you can shove something down someone's throat," he said last year.

That stance, Dever told The Enquirer this week, means he won't sponsor an anti-abortion measure like the Heartbeat Bill. "That's not why I came to Columbus," he said. "But I've always been a pro-life person. So if a bill comes to the floor, I'm going to vote based on those values."

The bill might not overturn Roe v. Wade, Dever said, but rather change the Supreme Court's definition of fetal viability – currently accepted as 24 weeks of gestation.

Zeltwanger's vote comes as little surprise, since his re-election bid had the backing of prominent Heartbeat Bill advocates.

"I have a fundamental belief in the protection of life. If we're not going to stand up for the least of these, then what are we really doing?" Zeltwanger told The Enquirer.

Opponents of the Heartbeat Bill - including Ohio Right to Life - say lawsuits related to it may lead courts to overturn other anti-abortion laws.

"It's worth the risk," Zeltwanger said. "To me, this is a better bill, a better measure. The fact that it may overturn something doesn't, to me, hold the merits of why not to pursue something better."

Will it get through Senate, Kasich?

Even with the House passage, the bill's future remains in doubt. It faces opposition from Senate President Keith Faber and Gov. John Kasich.

"I share the concerns of Right to Life about this bill and about potential litigation," Kasich told reporters Tuesday.

Faber, a Celina Republican, said he intends to review the latest version of the bill and hold committee hearings, despite his concerns about the legislation. Supporters have nearly two years – almost an entire legislative session – to pressure the Senate to act on the bill.

"I'm still waiting for that legal scholar to come forward and say, 'The Heartbeat Bill is constitutional,' " he said Wednesday.

That's because it's not constitutional, said Rep. Christie Bryant Kuhns, D-Northside.

"In addition to substituting politics for a woman's right to make healthcare decisions - with trained medical professionals - that impact her health and family, this bill ... goes against the oath we took as legislators the moment we were sworn into office," Kuhns said in a statement. Lawmakers swear to support the U.S. and Ohio constitutions.

This week marks the third time the Heartbeat Bill has come before the Ohio House. The Heartbeat Bill originally passed the chamber in 2011, only to die at the hands of then-Senate President Tom Niehaus, R-New Richmond.

The bill next died in the House in December on a 47-40 vote, a few "yes" votes shy of reaching a majority in the House, which then had 98 members. Eleven of the House's then-59 Republicans – none of them from the Cincinnati area – joined most Democrats in voting against the bill.

Courts have overturned similar legislation in other states, but proponents of the Heartbeat Bill welcome lawsuits, viewing them as a vehicle to get abortion in front of the U.S. Supreme Court.

In lieu of the Heartbeat Bill, Ohio Right to Life is seeking to ban abortion at 20 weeks of gestation – when a fetus can feel pain, they say.

The U.S. Supreme Court has held that states cannot prohibit abortions unless a fetus is developed enough to live outside the womb, generally accepted as 24 weeks of gestation.

Abortion opponents say they understand a 20-week ban would violate the Supreme Court's standard of allowing abortion before a fetus is viable. But they hope such a ban would be challenged and appealed to the Supreme Court. They want to persuade the high court to tweak its standard, allowing states to outlaw more abortions.

The Associated Press contributed to this report.