Jessie Balmert

The Cincinnati Enquirer

COLUMBUS, Ohio — Gov. John Kasich on Tuesday rejected the so-called “heartbeat bill,” breaking with his party to veto legislation that would have given Ohio the strictest abortion ban in the nation.

Kasich did tighten Ohio's abortion laws by signing a bill that would prevent abortions after 20 weeks' gestation, when opponents of the procedure say fetuses can feel pain.

Still, the governor will face backlash from conservative Republicans for killing the bill they say would have prevented thousands of abortions. The measure prohibited abortions after a fetal heartbeat was detected, as early as six weeks’ gestation.

Janet Porter, a northeast Ohio activist who has led the effort to pass the bill, sent a message to her supporters Tuesday: "IT IS NOT OVER." She urged them to encourage Republicans to override Kasich's veto before the new legislative session kicks off January 3 – a prospect that seems unlikely.

Ohio's 'heartbeat' abortion bill poses Kasich's first test in Trump era

Many Republican lawmakers, emboldened by Donald Trump's recent election, wanted Kasich to sign the more restrictive ban. GOP leaders like Senate President Keith Faber saw an opportunity to use the heartbeat bill to overturn Roe v. Wade, counting on new Trump-appointed, conservative U.S. Supreme Court justices.

In vetoing the bill, Kasich pointed to judicial precedent, saying the legislation was "clearly contrary to the Supreme Court of the United States’ current rulings on abortion.”

The governor joined Ohio Right to Life and several Republican lawmakers who opposed the six-week ban, saying similar measures already were ruled unconstitutional in North Dakota and Arkansas. Why spend taxpayer money defending the law?

“The State of Ohio will be the losing party in a lawsuit and, as the losing party, the State of Ohio will be forced to pay hundreds of thousands of taxpayer dollars to cover the legal fees for the pro-choice activists’ lawyers,” Kasich wrote in a veto message. Read the full veto message below.

Ohio Right to Life President Mike Gonidakis praised Kasich's approach.

“While it must have been difficult, the current make-up of a radically pro-abortion Supreme Court required the governor to exercise great restraint,” Gonidakis said.

The 20-week ban will restrict access to abortion while still chipping away at Roe v. Wade, abortion opponents such as Gonidakis argue. Still, it does not include exceptions for rape, incest or severe fetal anomalies. It does include an exception to save the life of a pregnant woman.

More than a dozen states have a ban on abortions after 20 weeks gestation. Still, those could be overturned or taken to the Supreme Court for ruling. Current Supreme Court standards say states may not limit abortions before a fetus is viable outside the womb, generally accepted as 24 weeks' gestation.

Abortion rights' supporters seem torn on how to respond to Kasich's veto. They celebrated a victory with the heartbeat bill’s defeat, but they also adamantly opposed the 20-week ban, which was seen as an extension of Ohio Republicans' continued fight to reduce access to abortions. The state had 14 abortion clinics in 2013 and now has nine. Cincinnati has one surgical abortion clinic, Planned Parenthood clinic in Mount Auburn, and it nearly lost its license to operate last year.

“Don’t let John Kasich fool you. He is one of the most extreme anti-abortion governors in this country. Kasich is on a mission to make abortion illegal in Ohio, and he’s intent on using smoke and mirrors and backdoor politics to do it,” said Dawn Laguens, executive vice president of Planned Parenthood Action Fund, in a statement.

Very few abortions are performed after 20 weeks in Ohio. Last year, 145 abortions occurred at 21 weeks or later, according to Ohio Department of Health records. The 20-week ban will take effect in 90 days.

Kasich veto

Ohio's 'heartbeat' abortion bill poses Kasich's first test in Trump era