Ohio Supreme Court allows ‘unborn child’ to remain in upcoming ballot language

The Ohio Supreme Court ruled Tuesday that the term “unborn child” can remain in the ballot language for the upcoming November referendum which will determine whether or not the “right” to abortion will be enshrined in the state’s constitution.

The ruling comes after a lawsuit was filed by supporters of the amendment, a pro-abortion coalition called Ohioans United for Reproductive Rights. The group took issue with ballot language drafted by the Ohio Ballot Board, particularly the fact that various phrases were rewritten and the ballot language contains the words “unborn child” instead of “fetus.”

For instance, while the amendment states, “… in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient’s treating physician it is necessary to protect the pregnant patient’s life or health,” the ballot language, which is presented to voters, explains the amendment would, “Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability, if, in the treating physician’s determination, the abortion is necessary to protect the pregnant woman’s life or health.”

In their lawsuit, the petitioners argued the ballot language “aims improperly to mislead Ohioans and persuade them to oppose the amendment.”

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However, the court disagreed, saying that it “does not establish that the ballot board’s language constitutes improper persuasion.” The only language the board was instructed to change was the phrase “citizens of the state.”

Mary Cianciolo, a spokesperson for Secretary of State Frank LaRose, said LaRose’s office is pleased with the outcome. “By rejecting special interest attempts to substitute their own carefully crafted and poll tested language for that of the ballot board, they have ensured Ohio voters will have a full and accurate understanding of the proposed measure when they go to cast their ballots,” she said in an email to NBC News.

Lauren Blauvelt, a spokesperson for Ohioans United for Reproductive Rights, blasted the decision. “This should have been simple, but the Ohio ballot board tried to mislead voters yet again,” she said. “Issue 1 is clearly and concisely written to protect Ohioans’ right to make our own personal healthcare decisions about contraception, pregnancy, and abortion, free from government interference. The actual amendment language communicates that right clearly and without distortion.”

The Ohio vote is scheduled for November 7.