Opponents promise lawsuit over Heartbeat Bill

COLUMBUS – “We’ll see you in court.”

That was the terse message the American Civil Liberties Union tweeted Thursday as Gov. Mike DeWine followed through on his pledge to sign imposing one of the nation’s toughest abortion restrictions.

The bill, known variously as the Substitute Senate Bill 23, the Human Rights and Heartbeat Protection Act, or the Heartbeat Bill, cleared the state Legislature on Wednesday.

“The essential function of government is to protect the most vulnerable among us, those who do not have a voice. Government’s role should be to protect life from the beginning to the end,” DeWine said as he signed the bill to applause from supporters.

The law, which takes effect in 90 days, makes Ohio the fifth state to ban abortions after the first detectable fetal heartbeat. That can come as early as five or six weeks into pregnancy, before many women know they’re pregnant.

There are no exceptions for rape or incest, only an exception to save a woman’s life.

DeWine’s signature ends a bitter battle among Ohio lawmakers and activists on both sides of the abortion issue, but does not end the war over the controversial measure.

“For years, Ohio politicians have ignored and undermined voices of people who really matter in this conversation about abortion – the women and people who have abortions, and who need access to them in future,” said Chrisse France, executive director of Preterm-Cleveland, among the plaintiffs in the ACLU’s planned lawsuit challenging the measure.

The groups contend the ban violates the Constitution and undermines the U-S Supreme Court ruling in the 1973 case Roe v. Wade but Republicans and pro-life advocates voiced their support for the governor and the law.

“Elections have consequences and Governor DeWine continually stated throughout his campaign that he would sign the heartbeat bill,” Michael Gonidakis, president of Ohio Right to Life, said.

“Sometimes, the evolution of the law requires bold steps. In the last 46 years, the practice of medicine has changed. Science has changed. Even the point of viability has changed. Only the law has lagged behind. This law provides a stable, objective standard to guide the courts.” –Auditor of State David Yost

“It is incumbent upon us to protect those that cannot protect themselves. Governor DeWine has been committed to doing just that throughout his career. This is why Ohioans overwhelmingly elected conservative, pro-life leaders – to give a voice to those that cannot speak.” – Ohio GOP chair Jane Timken

DeWine’s support for the bill breaks with his predecessor. Former Republican Gov. John Kasich twice vetoed it on grounds it was unconstitutional and would spark a costly court challenge.

None of the similar abortion bans around the nation have survived their court challenges. DeWine says he expects the issue to end in the U.S. Supreme Court.