COLUMBUS, Ohio (WCMH) — A 30-second television commercial purchased as part of a $5 million ad buy from Protect Women Ohio, a newly-formed, anti-abortion dark money group, makes misleading claims about a proposed amendment to the Ohio Constitution.
The amendment protects an individual’s right to an abortion and other reproductive care. Advocates are currently gathering signatures to put the amendment on the ballot later this year.
The ad tells viewers, “Under their opposed amendment to the Ohio Constitution, the state shall not interfere with individuals getting abortions or sex changes. Meaning you could be cut out of the biggest decision of (your child’s) life.”
Amy Natoce, press secretary for Protect Women Ohio, called the proposed amendment “incredibly broad and vague” and said the use of “individuals” in the proposal suggests it would apply to minors.
“This language does not put any parameters on it,” Natoce said. “All it says is ‘individuals’ — if they wanted it to apply to adults, it would say adults. If they wanted it to apply to women, it would say women, but it says ‘individuals.’ That doesn’t put an age limit on it.”
But Dan Kobil, a constitutional law professor at Capital University, said claims that the amendment would impact parental consent laws are misleading.
“If I were granting ratings by Pinocchio, this would get four Pinocchios…out of four,” Kobil said.
Children are not afforded the same constitutional rights as adults. A prime example of that, Kobil said, is the second amendment right to bear arms.
“Children can be barred from having guns. Children do not have the same constitutional rights that adults do. The Ohio Constitution uses the word ‘individuals’ in other places which obviously refer to adults,” Kobil said. “The notion that this is somehow enacting a rule that would be uniformly applicable to adults and children, it seems to me, a misstatement of what the amendment says.”
Under Ohio law, it’s a crime to perform an abortion on an unemancipated minor without the consent of a legal guardian or a judge.
Kobil viewed Protect Women Ohio’s claim that the amendment would impact gender-affirming care as similarly misleading.
“I don’t think that the amendment in any way, shape or form talks about gender-affirming surgery,” Kobil said. “So I really don’t know where they’re getting that claim.”
The proposed amendment protects “reproductive decisions” including “contraception, fertility treatment, continuing one’s own pregnancy, miscarriage care and abortion.”
There is no mention of transgender care.
Using a term offensive to many in the transgender community, Natoce said Protect Women Ohio believes gender-affirming care falls under the umbrella of reproductive care.
“It also says, ‘including but not limited to abortion,’ so that includes any other reproductive medical decisions, including sex change surgery,” Natoce said.
You can read the full amendment below.
