Tag: fetal personhood

  • Ohio’s STORK Act: Tax relief for parents or a push against abortion rights?

    Ohio’s STORK Act: Tax relief for parents or a push against abortion rights?

    (Adobe Stock Photo)

    If the STORK Act is passed, Ohio would join states such as Georgia, which already allow tax deductions for unborn children, a policy enacted in 2022. By Vanessa Davidson / Broadcast version by Farah Siddiqi reporting for the Kent State NewsLab-Ohio News Connection Collaboration.

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    Ohio Rep. Gary Click (R-Vickery) in August proposed the STORK Act, which would allow expecting families to claim their unborn children as dependents on their income taxes starting the year the child is conceived.

    Click says every dollar makes a difference for expecting families.

    “You start planning and preparing ahead of time,” he said. “The hospital won’t even let you take them home without a car seat. So, you have to get that car seat, you get a crib, you get a bassinet, you get a pack-and-play, and you get all the little toys for a newborn, and you just stock up before they’re born to get ready for that child.”

    However, some raise concern that the proposal could lead toward the recognition of fetal personhood, which could affect abortion rights within Ohio.

    Danielle Firsich, director of public policy for Planned Parenthood Advocates of Ohio, said Click’s proposal acts as a continued attempt to attack abortion rights following the passage of Issue 1 in 2023.

    Firsich said there have been several other proposals that have tested fences and sought out loopholes to get around state codifications of reproductive rights, including similar bills proposed in Wisconsin, Florida, Kansas and Kentucky.

    “We know that this argument – that someone can have tax credits for an unborn child – directly correlates with the concept that if you’re receiving some sort of tax benefit, or tax credit, you are thereby able to be recognized as a person and be granted rights as such,” Firsich said. “This is a movement that has come, largely, especially after the Dobbs decision.”

    Given Click’s extensive history of pro-life advocacy – with one of his past proposals declaring fetal personhood from conception – Firsich believes the STORK Act could have possible ulterior motives.

    Click denied such claims and called such rhetoric an “extremist attack.”

    “This bill recognizes the expenses that parents put out,” said Click. “It doesn’t say anything about the baby… this tax credit has no power to overturn a constitutional amendment.”

    Jessie Hill, a law professor at Case Western Reserve University who specializes in reproductive rights in Ohio, believes the proposal will have little impact on abortion rights.

    “I just don’t think that this is something that is going to really, in the end, make a big difference in light of Issue 1 still being there,” Hill said. Issue 1 is “part of our constitution, and our constitution is supreme over state law,” she added.

    However, Hill believes concerns about the proposal aren’t baseless. She pointed out that it’s not clear whether parents would still be able to receive tax benefits for an unborn child even if the pregnancy isn’t carried to term.

    Firsich argues that Click should demonstrate his commitment to Ohio families by expanding paid family leave and offering affordable childcare.

    “That would mean real change for pregnant people and for parents in the state of Ohio, not something like this,” Firsich said.

    The STORK Act is currently being reviewed by the Ohio House Ways and Means Committee.

    This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.

  • Ohio legislative leaders brush off concerns over Alabama IVF ruling’s impacts

    Ohio legislative leaders brush off concerns over Alabama IVF ruling’s impacts

    The Ohio Statehouse, Columbus, Ohio. (Photo by Graham Stokes for the Ohio Capital Journal. Republish photo only with original story.)

    BY:  Ohio Capital Journal

    After an Alabama Supreme Court decision that ruled frozen embryos housed outside of a human body were still considered children, states across the country are debating the implications of such a decision.

    Ohio legislative leaders are saying bills that would ban IVF are not being considered, but one lawmaker who has introduced a “personhood” bill in the past says it’s still “great policy” that’s being blocked by politics.

    National groups have said the Alabama decision will have impacts on the work that embryologists do, with the Society of Reproductive Biologists and Technologists saying the state’s supreme court ruling “stands in stark contrast to scientific understanding and the experiences of individuals navigating fertility treatments.”

    The concept of “fetal personhood” is not a new one for Ohio. Long before the Alabama decision threw into question the concept of in-vitro fertilization treatments in that state, legislators in the Buckeye state were considering a bill that would consider life’s beginning at conception, a theory conservatives and pro-life politicians have long pushed.

    Ohio House Bill 704 was introduced in 2022 by state Rep. Gary Click, R-Vickery, who claimed “one class of people has erroneously been denied their constitutional rights: the unborn.”

    “From the moment of fertilization, that zygote, embryo or whichever depersonalizing term you choose to use is not merely a potential human but rather (a) human with potential,” Click said in a statement announcing the legislation.

    The bill died as the General Assembly’s two-year session ended, but the fact that the idea was broached is still being brought up by Democrats and pro-choice groups around the state.

    Click himself didn’t rule out the idea of reintroducing his personhood legislation, saying in a Feb. 23 tweet that reintroducing it has “not been my plan at the moment.”

    “But plans do change,” the tweet went on.

     

    The legislator — who was also the creator of a successful bill that bans gender-affirming care for transgender minors, a controversial bill that succeeded with a veto-override in January — also told the Statehouse News Bureau in February that while he supported IVF if all embryos are used, he considered his personhood bill “great policy” blocked by politics.

    Since Click’s bill was introduced (and subsequently foiled by time limits), however, 57% of Ohio voters passed November’s Issue 1, which not only enshrined abortion rights into the Ohio Constitution, but also listed “fertility treatment” as one of the rights Ohio individuals have to “make and carry out one’s own reproductive decisions,” according to the amendment.

    IVF patients represented a group of people who spoke out in favor of Issue 1 as a protection against unnecessary regulation and uncertainty in the IVF process.

    But Republican legislators in particular have not seen this development as the roadblock to reproductive rights legislation one might expect, as policymakers at the Statehouse have continued to push anti-abortion legislation and bills that target the rights now protected under the state constitution.

    The state’s legal representatives are also still pushing against a lawsuit that seeks to eliminate a six-week abortion ban that became law in 2019 (and has been tied up in court ever since).

    Still, Ohio’s legislative leaders have said the Alabama decision has yet to spur any policy in the state at this point.

     Left, Ohio House Speaker Jason Stephens. Right, Ohio Senate President Matt Huffman. (Photos by Graham Stokes for the Ohio Capital Journal. Republish only with original article.) 

    House Speaker Jason Stephens, R-Kitts Hill, said the chamber is “monitoring any potential ramifications the Alabama decision may have in Ohio,” but also said, from his perspective, “IVF provides hope and is 100% pro-family.”

    “We look forward to advancing our values and continuing our pro-life legislative agenda,” Stephens told the OCJ in a statement.

    Senate President Matt Huffman said he has not heard of any legislation and there hasn’t been “any discussion by any member of my caucus or anybody else as far as in the state of Ohio as far as I know.”

    “We seem to be in this national culture that if some court in Alabama or some other state says something that we all should be reacting to it,” Huffman said.

    The senate leader acknowledged that “we have a constitutional amendment that affects some of this.”

    “But you know, with other things going on right now, it’s just not a discussion that’s taking place,” he said.

    A spokesperson for Gov. Mike DeWine said his office would “continue to monitor any bills in this policy area,” but they were not aware of any at the moment.

    DeWine’s office did not respond to questions as to whether or not the governor supported the consideration of frozen embryos as children.

    Megan Henry contributed to this story.

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    Susan Tebben
    SUSAN TEBBEN

    Susan Tebben is an award-winning journalist with a decade of experience covering Ohio news, including courts and crime, Appalachian social issues, government, education, diversity and culture. She has worked for The Newark Advocate, The Glasgow (KY) Daily Times, The Athens Messenger, and WOUB Public Media. She has also had work featured on National Public Radio.

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