Tag: six-week ban

  • DeWine: No comment on abortion ban that forced a child to Indiana

    DeWine: No comment on abortion ban that forced a child to Indiana

    BY: MARTY SCHLADEN – Ohio Capital Journal

    t appears that a 10-year-old rape victim had to leave Ohio for an abortion. But Ohio Gov. Mike DeWine isn’t commenting on the fact that a law he signed making that necessary if she didn’t want to become a mother.

    Shortly after the U.S. Supreme Court overturned Roe v Wade and cleared the way for the law to take effect, the child was on her way to Indiana for an abortion because she couldn’t get one in Ohio, an Indianapolis OB-GYN told the Indianapolis Star. The doctor, Caitlin Bernard, told the paper that an Ohio child-abuse doctor had called, saying the child was six weeks and three days pregnant and needed help.

    That was three days after the six-week limit the DeWine-signed law places on abortion in Ohio. It makes no exceptions for women and children who are victims of rape and incest.

    The story has made national news. But DeWine seemed unprepared Wednesday to discuss whether legislation he championed is forcing children out of state if they don’t want to have their rapists’ babies.

    “Yeah, first of all, I have no more information than you do or anybody does. Reading in the in the paper, it came came as you know, from a story out of out of Indiana from from a doctor over there,” he said as part of a rambling answer to a question from the Cincinnati Enquirer, according to a transcript.

    DeWine went on to say it was “gut-wrenching” as a father and grandfather to think about a 10-year-old being raped, and that he hoped the doctors caring for her reported the assault to law enforcement. But he didn’t address the fact that a law he signed put girls like her in such an onerous situation.

    In a follow-up on Thursday, DeWine Press Secretary Dan Tierney was asked whether the governor thinks juvenile rape victims who become pregnant should be able to get abortions, or whether he believes they should be forced to carry their pregnancies to term. Tierney didn’t answer directly.

    “You have access to Governor DeWine’s recent comments on these issues, including that the only information available on the Indiana matter was from Indiana media reports,” Tierney said in an email. “I do not have further comment for you beyond yesterday’s remarks and the Governor’s numerous and extensive comments since the” Supreme Court decision overturning Roe v Wade.

    While DeWine and his spokesman underscored that media reports were all they knew about the incident involving the Ohio 10-year-old, there have been warnings that something like this was likely to happen.

    Shortly after DeWine signed the six-week ban in 2019, CBS News reported on an Ohio 11-year-old who was repeatedly raped by a 26-year-old, impregnating her. If the Ohio law was cleared by the Supreme Court, the story said, the girl could be left with few options after six weeks of pregnancy. 

    The story also describes victim-blaming the child experienced at a “pregnancy care center.” It cited a police report quoting an employee describing the 11-year-old rape victim as “rebellious” and that she “refuses to listen to her mother and runs away from home all the time.”

    At six weeks, as many as a third of women don’t know they’re pregnant, and it’s a safe bet that even fewer girls do. And while statistics on pregnancies resulting from rape are sparse, it seems likely that Ohio and other states that don’t allow abortions in cases of rape or incest are going to force more children into the most difficult of situations.

    The U.S. Centers for Disease Control and Prevention estimates that about 18 million women experience vaginal rape in their lifetimes and that almost 3 million become pregnant from it. The 2018 research from which those statistics were drawn said it was “the first in over 20 years to offer a nationally representative prevalence estimate of (rape-related pregnancy) of U.S. women…”

    That’s an apparent reference to a 1996 paper published in the American Journal of Obstetrics and Gynecology. It was based on a three-year survey of 4,008 women that sought to determine “the prevalence and incidence of rape and related physical and mental health outcomes.”

    Its findings relating to young rape victims are not reassuring.

    “Among 34 cases of rape-related pregnancy, the majority occurred among adolescents and resulted from assault by a known, often related perpetrator,” an abstract of the study said. “Only 11.7% of these victims received immediate medical attention after the assault, and 47.1% received no medical attention related to the rape.” 

    It added that almost a third of adolescent rape victims didn’t know they were pregnant for 12 weeks — more than double the point at which their abortions would now be illegal in Ohio.

    “A total 32.4% of these victims did not discover they were pregnant until they had already entered the second trimester; 32.2% opted to keep the infant whereas 50% underwent abortion and 5.9% placed the infant for adoption; an additional 11.8% had spontaneous abortion,” the paper said.

    DeWine and his spokesman were reluctant this week to say whether he thinks young rape victims should be forced to carry pregnancies to term. But his office earlier this month confirmed his support of a bill restricting abortion in Ohio even further — and also making no exceptions for rape and incest.

    For Aileen Day, communications director for Planned Parenthood Advocates of Ohio, DeWine owns the consequences of the abortion bills he signs — whether he addresses them directly or not.

    “DeWine signed the six-week ban into law and he is the reason the 10-year-old Ohioan had (to) jump through repeated obstacles to get the health care she needed,” Day said in an email. “It is truly disgusting that he’s not being held accountable for all the harm he has caused Ohio. DeWine’s team has bragged that he is the most anti-abortion governor in Ohio’s history and his history backs that up by signing 10 dangerous abortion restrictions and bans into law.” 

    Follow OCJ Reporter Marty Schladen on Twitter.

  • Ohio Attorney General Yost files for 6-week abortion ban as Roe is overturned

    Ohio Attorney General Yost files for 6-week abortion ban as Roe is overturned

    Advocates pledge renewed fight for abortion access

    BY: SUSAN TEBBEN AND NICK EVANSOhio Capital Journal

    As Ohio Attorney General Dave Yost filed court motions to enact Ohio’s six-week abortion ban, a motley bunch of protesters gathered near the Ohio Statehouse on Friday in a tiny sliver of shade cast by the William McKinley statue.

    They held signs declaring “abortion is healthcare” or “abortion is a human right.” Another read “our democracy, it is broken.”

    Ohio Attorney General Dave Yost. (Photo by Justin Merriman/Getty Images)

    Cheri Wells stood next to her one-year-old daughter, Lux, who was strapped into a stroller.

    “I brought my daughter down here because this absolutely has everything to do with her, too,” she said.

    “It’s taking away her rights to overturn Roe vs. Wade, as well,” she said. “I mean, it’s all about controlling women, period.”

    Advocates surge ahead

    Advocacy groups and leaders for and against abortion spoke out on the U.S. Supreme Court’s ruling overturning the nationwide right to abortion included in Roe v. Wade.

    Religious and anti-abortion groups praised the decision that overturned abortion legalization that had been in place since the early 1970s, and continued their push for prohibitions in Ohio.

    “Ohio Right to Life encourages our pro-life legislative majorities and Governor DeWine to be ambitious and end abortion once and for all in our great state,” said anti-abortion lobby Ohio Right to Life’s president Michael Gonidakis.

    The anti-abortion groups have state leaders on their side, as Gov. Mike DeWine promised backing for the six-week ban that has been tied up in federal court, and Attorney General Yost put the wheels in motion for that ban to become effective.

    In a motion filed less than an hour after the Dobbs decision was released by the U.S. Supreme Court, Yost’s office asked to dissolve the injunction that kept the state abortion ban from going into effect in 2019 when it was passed by the Ohio General Assembly.

    “Because there exists no just reason for delay, defendants respectfully request this court immediately dissolve the preliminary injunction and dismiss this case,” Yost wrote in the motion to the U.S. District Court for the Southern District of Ohio.

    Later Friday night, a court granted the motion, and Gov. Mike DeWine signed an executive order permitting the Ohio Department of Health to set rules for the law.

    Those in the pro-abortion realm are not sitting on their laurels after the much-anticipated decision came through.

    In a Friday afternoon press call, members of Planned Parenthood of Ohio said while the ruling had been expected, even before a draft opinion leaked to the public, the results were no less devastating.

    “Ohioans should not have to figure out how to safely provide health care for themselves,” said Iris Harvey, president and CEO of Planned Parenthood of Greater Ohio. “It’s an attack on your rights, an attack on your privacy and your freedom.”

    Though abortion is now legal at six weeks rather than 20 weeks after a missed period, pro-abortion advocates maintained a message that until a court rules or another ban is put in place, abortion is still legal in the state of Ohio.

    Case Western Reserve University law professor Jessie Hill, who has worked on cases defending reproductive rights, said there “are still legal moves to be made” and lawyers intend to continue pursuing options.

    One way in which Hill said abortion advocates can move forward is by giving advice that is protected under the First Amendment.

    “The state can not, as a general matter, ban truthful, factual information,” Hill said.

    Working within the state’s legal system is also in the playbook to keep abortion legal.

    “Our in-state strategy ensures that we protect the Ohio Supreme Court, which has been a backstop for securing reproductive justice,” said Rhiannon Carnes, co-founder and co-executive director of the Ohio Women’s Alliance Action Fund.

    The group is working with partners to “implement harm reduction measures to ensure that people who need an abortion can obtain the essential health care they deserve,” according to a statement by the OWA. A “voter education plan is also” being launched as the August 2 primary and November general election approach.

    “We are all coming together to build independent political power against those stigmatizing abortion and forcing their political objective on our lives and bodies,” Carnes said in the statement.

    One Small Step

    In the Ladies Gallery at the Ohio Statehouse, a group of anti-abortion activists held a press conference to applaud the Dobbs decision. The room, set aside to honor the achievements of women in Ohio politics, regularly hosts events of all kinds, but the setting wasn’t lost on the speakers.

    Beth Vanderkooi of Greater Columbus Right to Life described abortion as a “systemic injustice” meant to discriminate against women.

    “True advocates for women’s rights would work together to bring down these injustices rather than tell women that their path to equality, to liberty and to freedom, rests on the dismembered bodies of their dead children,” she said.

    The organizers sought to cast Friday’s decision as a watershed achievement for civil rights, comparing it to the reversal of Dredd Scott and Plessy and invoking the words of Martin Luther King, Jr. They also propped it up as a landmark historical event on the order of the moon landing or D-Day.

    “It’s one small step for babies,” Created Equal vice president Seth Drayer insisted, “one massive leap for humankind, because Dr. King famously said that injustice anywhere is a threat to justice everywhere.”

    While abortion advocates prepare for their next moves, Created Equal’s president Mark Harrington said their fight was far from over. Invoking Winston Churchill, he called the Dobbs decision “the end of the beginning.”

    That posture certainly means advocating for greater restrictions or even the elimination of abortion at the state level, but given Justice Clarence Thomas’ suggestion that the court should next revisit rulings on the legality of same-sex marriage and relationships, as well as contraceptives, some worry the right to an abortion is far from the only one under threat.

    Despite promising continued action, Harrington distanced his organization from Thomas’ remarks.

    “The idea that one justice which we may or may not agree with on these other issues, says that from the bench in his opinion, doesn’t really matter unless the court actually has a case,” Harrington said. “And there’s no future that I can see where that’s actually going to occur in the short term.”

    While Harrington and others who spent years fighting abortion look to the future with the wind in their sails, people like Cheri Wells are looking ahead with uncertainty. The leak of Justice Samuel Alito’s draft opinion in Dobbs may have undercut the shock of the decision, but the despair is just as deep.

    “For some reason, in the back of my mind,” she said, “I thought someone was gonna save us.”