Ohio AG Yost issues legal analysis on abortion rights measure

Ohio Attorney General Dave Yost waded into the abortion fight Thursday, issuing a legal analysis of which laws could be eliminated if Issue 1 passed.

Yost's list includes:

• Ohio's ban on doctors performing abortions after embryonic cardiac activity is detected, which is about six weeks gestation. Proponents call it the "heartbeat bill."

• A ban on abortions after a fetal diagnosis of Down syndrome.

• A ban on dilation and evacuation abortions, a common second-trimester method.

• A ban on abortions after 20 weeks gestation.

• Ohio's 24-hour waiting period after the patient's initial appointment.

Yost's analysis found that Issue 1 does not expressly address parental consent, a requirement for a minor to obtain an abortion under current law. However, "there is no guarantee that Ohio’s parental-consent law will remain in effect," according to the analysis.

More: What Ohioans need to know about November ballot issue on abortion

The analysis stopped short of saying Issue 1 would impact transgender medical care for minors. "It would certainly be too much to say that under Issue 1 all treatments for gender dysphoria would be mandated at the minor individual's discretion and without parental involvement."

Issue 1 on the Nov. 7 ballot would enshrine abortion rights in the state constitution − something that Yost's analysis says goes far beyond the standard set by the U.S. Supreme Court's ruling on Roe v. Wade and other key abortion rulings.

More: Oct. 10 is last day to register to vote in Ohio before November election

Why is Yost weighing in?

Yost, a Republican, is not required by law to provide a legal analysis of the proposed constitutional amendment, and none of his state officeholder clients requested one.

Yet, Yost gathered a team of attorneys and professional staff to conduct an analysis of Issue 1 and Issue 2, which would legalize recreational marijuana. Yost plans to issue legal analyses of future statewide amendments.

“Ohio voters deserve an impartial resource that offers an objective analysis of the legal implications of both citizen-initiated initiatives,” Yost said in a statement. “The decision regarding which policy path is best for Ohio lies with voters, not with me.”

Yost has made his personal opinion on the issue clear. He opposes abortion, is suing to reinstate the state's ban on most abortions, called for Roe v. Wade to be overturned and is co-headlining Ohio Right to Life's fundraising dinner Thursday evening.

Campaigns react

Gabriel Mann, spokesman for Ohioans United for Reproductive Rights which supports Issue 1, says Yost is an "ardent anti-abortion politician" and not a "neutral observer" on the issue.

"Decisions around pregnancy, including abortion, birth control, and miscarriage care, are personal and private and should be left up to women and their families. But here in Ohio, Yost thinks he knows best and wants government to make those decisions for them.” Mann said in a statement.

Amy Natoce, spokeswoman for Protect Women Ohio, which opposes the measure, says Yost is right about Issue 1 saying it "goes further than Roe."

Issue 1 would "turn Ohio into the most radical abortion regime in the country," she said in a statement.

"If passed, Issue 1 will allow for no-limits abortion and remove all protections for the unborn, including babies diagnosed with Down syndrome in utero. It puts women’s health at risk by removing commonsense protections, and puts parental rights on the chopping block," she said.

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on Cincinnati Enquirer: Ohio AG Yost issues legal analysis on abortion rights measure