Last November, Ohioans voted on a radical amendment that would enshrine a right to abortion in the stateโ€™s constitution. Despite the fact that the amendment, written in an intentionally vague manner, threatened virtually all of the stateโ€™s existing regulations on abortion (such as its heartbeat law, a 24-hour waiting period, and parental-notification and -consent laws) and would pave the way for abortion until birth and taxpayer-funded abortion, Ohioans approved it.

The state is just beginning to see the consequences of that vote. In a recent court filing, Ohio attorney general Dave Yost agreed that the stateโ€™s heartbeat law, which banned abortions after six weeks, was incompatible with the new constitutional amendment. That was the argument of abortion clinics to a Hamilton County judge. Yost is, however, seeking to retain some aspects of the law, including requirements that doctors check for infantsโ€™ heartbeat and record patientsโ€™ motivations for an abortion.

Yostโ€™s effort to preserve what regulations of abortion can coexist with the stateโ€™s newly amended constitution is commendable. But by belittling Yostโ€™s actions as โ€œquibbling about extraneous matters,โ€ ACLU Ohio legal director Freda Levenson showed the difficulties the pro-life cause now faces in the state. Pro-abortion forces now have momentum and are likely to push for more changes in their favor in Ohio. As I wrote in November, arresting that momentum is โ€œessentially a reactive taskโ€ and โ€œwill be difficult in itself, to say nothing of the proactive task of further advancing a culture of life.โ€ In Ohio, as elsewhere, pro-lifers have serious work ahead of us.