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Legal battle brewing over Issue 1 ballot language

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Posted at 4:49 PM, Aug 29, 2023

There’s a new front in the battle over reproductive rights in Ohio. This November, voters in our state will decide on Issue 1, which, among other things, guarantees a constitutional right to abortion access. (A whole new Issue 1 since this Issue 1). Now, the group behind a proposed constitutional amendment is suing.

Ohioans United for Reproductive Rights is turning to the state Supreme Court over its concerns about the summary language to be printed on ballots this fall. Ohio Secretary of State Frank LaRose rewrote the language, which was then approved by the Ohio Ballot Board last week. But Ohioans United for Reproductive Rights calls the summary language deceptive and misleading.

Some of the phrasing in the summary, compared to the amendment itself, includes the use of “unborn child” rather than the medical terminology “fetus.” The summary also only refers to abortion, excluding the full text’s provisions for contraception and fertility treatment. News 5’s Morgan Trau reported on the summary language last week and has detailed descriptions of the differences here. Case Western Reserve University law professor Jonathan Entin told News 5 that the fraught topic is driving the debate.

“Vocabulary matters to a lot of people. There isn’t necessarily some neutral language that would make everybody happy,” he said.

Ohioans United for Reproductive Rights wants the Ohio Supreme Court to order the Ohio Ballot Board to use the exact language of its proposed constitutional amendment on the ballot this November. That is, after all, the language that would be added to our state constitution if Issue 1 passes.

“The language that appears on the ballot is designed to give voters some information,” said Entin. “But what we’re actually going to vote on is the language in the amendment itself, whether all of that language appears on the ballot or not.”

Regardless of what it decides, Entin expects the court to act quickly since there are deadlines involved in getting ballots printed. You can read the full text of the proposed constitutional amendment and the ballot summary here.

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