Ohio's 'heartbeat bill' abortion ban up for vote Thursday

Jessie Balmert | Cincinnati Enquirer

Show Caption Hide Caption How a bill becomes a law in Ohio How a bill becomes a law in Ohio under the GOP-controlled state Legislature.

COLUMBUS - The GOP-controlled Ohio House of Representatives is poised to approve a controversial proposal to ban abortions after a fetal heartbeat is detected on Thursday – even though Gov. John Kasich has vetoed it before.

The so-called "heartbeat bill" would penalize doctors who perform abortions after a fetal heartbeat is detected, sometimes as early as six weeks gestation. Anyone who performed an abortion after that point could face a fifth-degree felony punishable by up to a year in prison.

There are some exceptions: an abortion would be permitted if it would keep the pregnant woman from dying or suffering a "substantial and irreversible impairment of a major bodily function." Doctors could also perform an abortion if a medical emergency prevents a fetal heartbeat from being detected.

If approved by the House, the bill would need approval from the Senate before heading to Kasich.

Kasich has already vetoed the heartbeat bill once, and he'll do it again if GOP lawmakers send the proposal his way.

When Kasich vetoed the bill in December 2016, he argued that the heartbeat bill was "clearly contrary to the Supreme Court of the United States’ current rulings on abortion.” He instead signed into law a ban on abortions after 20 weeks gestation.

Courts have rejected similar proposals in other states. In spring 2015, the Eighth District Court of Appeals halted a heartbeat bill in Arkansas. The U.S. Supreme Court declined to hear that case. North Dakota spent $491,016 defending its ban on abortions after a fetal heartbeat is detected – a 2013 law that was ultimately rejected in court, according to the Associated Press. And an Iowa ban was set to take effect July 1, but it was stalled by a legal challenge there.

Rep. Ron Hood, R-Ashville, said he's optimistic that the U.S. Supreme Court would rule differently with the addition of two conservative justices appointed by President Donald Trump.

"I am very confident that we would have a favorable ruling," Hood said.

Governor-elect Mike DeWine, also a Republican, doesn't share Kasich's concerns about the anti-abortion measure. He promised to sign the heartbeat bill after taking office next year.

“I will sign the bill," DeWine said in a gubernatorial debate. "I have said that many times."

So why not wait for DeWine?

“We’re a separate branch of government, and we’re going to do what our caucus has the will to do,” Speaker Ryan Smith, R-Gallia County, told The Enquirer. “The governor is going to do what he’s going to do and that’s that.”

One of the bill's sponsors, Rep. Christina Hagan, R-Marlboro Township in Stark County, said it was lawmakers' responsibility to "do everything we can with the power we have as elected representatives when we have it. What other elected officials do is up to them."

The reasoning: Pass the bill now and see what Kasich does. GOP lawmakers can always try to override a Kasich veto. If that fails, try again next year.

Senate President Larry Obhof said he would have the votes to pass the heartbeat bill, but he anticipated Kasich wouldn't sign it. So will the Ohio Senate vote on the bill?

“That’s something that we haven’t determined yet," Obhof said.

The heartbeat bill has divided even anti-abortion advocates. Ohio Right to Life isn't advocating for the bill, but groups such as Faith 2 Action and Right to Life of Greater Cincinnati support it.

NARAL Pro-Choice Ohio Executive Director Kellie Copeland opposes the proposed ban on these abortions, saying it would damage the doctor-patient relationship.

"This bill would effectively outlaw abortion and criminalize physicians," Copeland said. "Banning women from getting a medical procedure is dangerous, out of touch with Ohio values, and is completely unacceptable.”