News
News Home
Quick Bites
Exploradio
News Archive
News Channel
Special Features
NPR
nowplaying
On AirNewsClassical
Loading...
  
School Closings
WKSU Support
Funding for WKSU is made possible in part through support from the following businesses and organizations.

Don Drumm Studios

Hennes Paynter Communications


For more information on how your company or organization can support WKSU, download the WKSU Media Kit.

(WKSU Media Kit PDF icon )


Donate Your Vehicle to WKSU

Programs Schedule Make A Pledge Member BenefitsFAQ/HelpContact Us
Ohio


ACLU challenges Ohio's anti-abortion laws, but not on grounds some expected
The key is whether including them in the state budget violated the Ohio Constitution's requirement that laws deal with a single subject
by WKSU's STATEHOUSE CORRESPONDENT JO INGLES


Reporter
Jo Ingles
 
Groups protesting the state's new anti-abortion laws have taken to the Statehouse steps and now to the courts with the same argument: The restrictions didn't belong in the state budget.
Courtesy of KAREN KASLER
Download (WKSU Only)
In The Region:

The ACLU has filed a lawsuit against the state over three controversial abortion-related amendments that were part of the state’s new two-year budget. Critics of the laws say they didn’t get adequate public hearings. And as Ohio Public Radio’s Jo Ingles reports, the suit contends they also violate Ohio’s constitution.

LISTEN: ACLU challenges Ohio abortion laws

Other options:
Windows Media / MP3 Download (2:58)


The American Civil Liberties Union of Ohio filed the suit on behalf of Preterm, a Cleveland area clinic that provides birth control and abortions.

It’s challenging three new laws that restrict abortions in Ohio. One forbids public hospitals from signing the transfer agreements abortion clinics must have to operate. Another mandates what doctors must tell patients about fetal viability and heartbeats. And the third channels state money to clinics that are forbidden to talk about abortion services as an option.

Why in the budget?
ACLU lawyer Susan Scheutzow says the restrictions violate the Ohio constitution’s single-subject rule, which says each law can deal only with a directly related issue.

“They all are to make a woman’s choice to have an abortion more difficult in the state of Ohio, more difficult for the abortion clinics to operate and more onerous for the woman to make that decision,” said Scheutzow. “And the problem with the law is that these provisions were put into a budget bill that had nothing to with the state budget and passed through without an opportunity to be heard.”

The lawsuit doesn’t surprise Mike Gonadakis, president of Ohio Right to Life.

Right to life says bills protect women
But it’s “very sad, though, because the one (provision) that would have given money to poor pregnant women now may be in jeopardy, (or be) postponed.”

Gonadakis says the lawsuit contradicts itself. That’s because at least one of the provisions does deal with money; the ACLU just doesn’t like how it would be spent.

“What we are seeing here is the ACLU and the abortion industry trying to make a political statement through litigation. There’s no place for it at all. What’s going to happen is it is going to cost taxpayers a significant amount of money and at the end of the day, all three of the pro-life laws are going to be upheld.”

Single-subject history
An attorney who has followed Statehouse politics for many years believes there’s a good chance the single-subject argument won’t sway a court.

“We’ve seen people raise challenges to that over the years,” says Mark Weaver. “They are rarely successful.”

Weaver has been a strategist, mostly for Republican candidates. He says the judges try to stay out of political decisions.

“They try to give great deference to the elected policy makers of the state….in this case, the General Assembly.  So absent a very clear violation of the single-subject rule, courts are hesitant to step in and undo the policy maker’s decisions.”

The ACLU’s attorney, Scheutzow, contends, though, that the single-subject argument has won out in the past, including in a case involving the Cleveland schools voucher program. She thinks this lawsuit has a good chance of succeeding, though she expects a long court battle. 

“I would not expect the entire matter to be resolved for some time because we think the matter will ultimately be before the Ohio Supreme Court.

Scheutzow says the new laws weren’t given adequate public hearings in the Legislature, but she’s hoping they will get thorough consideration by the courts.

Listener Comments:

money talks: You're right, the government should not mandate morals. These clinics should be allowed to remain open for business until there are no clients requesting abortions. Let the free market rule!

The state should stop putting itself in the way of lawsuits and all and leave these businesses alone. If there is a market for their business, so be it. If not, then we don't need legislation to shut them down, now, do we?


Posted by: The market talks (Oberlin) on October 22, 2013 8:10AM
Lord help us;- the government should not mandate morals.
Life, liberty and the pursuit of happiness does not equal Obamacare look-alikes, it seems to equal the opposite, as most progressive schemes.
If it's possible any costs can be shifted to the taxpayers, they will be, because we are too busy with work and responsibilities to worry about politics.


Posted by: money talks on October 21, 2013 10:10AM
Add Your Comment
Name:

Location:

E-mail: (not published, only used to contact you about your comment)


Comments:




 
Page Options

Print this page

E-Mail this page / Send mp3

Share on Facebook




Stories with Recent Comments

Ohio Republicans protest the loss of Mt. McKinley
I believe the U.S.gov't. was overstepping its bounds by renaming a mountain that belongs to Alaska. How would we like it if Alaska (or any other state) telling ...

Pluto: University of Akron cuts baseball - should football be next?
remember when akron and Youngstown state were both in the ovc. As a Morehead State fan, made trips to both schools and had a wonderful experience. Played Akron ...

Ohio to aid young adults who age out of foster care
I think it's a great idea. I worked for an at risk high school and it was really sad to see the amount of kids who had no where to go because they had aged out...

Could University Circle developments ripple into East Cleveland?
Outsiders are so far off the beaten path and you all need to attend the meeting being held today 8/31/15 Cleveland Public Library, 1:00 PM. http://44112news.co...

ResponsibleOhio leader says the state is trying to set Issue 3 up for failure
Ohio suppose to believe that a group of investors were united under one cause to legalize marijuana.Once legal they all of sudden turn into 10 different compani...

Terry Pluto: U of A's new athletic director has the toughest job in town
It is a hard sell. The Students do not want to go to the football games and they do not want to pay for the program. They have a lot of student loan debt and t...

Akron considering the future of the B.F. Goodrich smokestacks
This BFGoodrich alumna says, "Thank you, Dave Lieberth!"

State creates panel to look at Ohio charter school sponsors
It is more than disturbing that charter schools, which seemed like a good idea years ago, have begun to cripple public school education.

DEVO mural in Akron is now on display downtown
The installation is not at the former site of Chili Dog Mac. CDM was one block north on the other side of Main St.

New report shows growth in white collar jobs for Northeast Ohio
Unfortunately, there are fewer jobs in comparison to the number of professionals applying for them. I have been had a full time job since June 2012. In order to...

Copyright © 2015 WKSU Public Radio, All Rights Reserved.

 
In Partnership With:

NPR PRI Kent State University

listen in windows media format listen in realplayer format Car Talk Hosts: Tom & Ray Magliozzi Fresh Air Host: Terry Gross A Service of Kent State University 89.7 WKSU | NPR.Classical.Other smart stuff. NPR Senior Correspondent: Noah Adams Living on Earth Host: Steve Curwood 89.7 WKSU | NPR.Classical.Other smart stuff. A Service of Kent State University