COLUMBUS - Ohio's House Republicans know Gov. John Kasich will veto their ban on abortions after a fetal heartbeat is detected.
They know the Ohio Senate might not vote on the so-called "heartbeat bill."
They know that even if GOP lawmakers override Kasich's veto, the ban will face an immediate, costly legal challenge that could stall the legislation for years.
But that did not stop them from passing the heartbeat bill Thursday, 58-35.
“The point is: it’s time. It doesn’t matter if the governor is with us or against us," said one of the bill's sponsors, Rep. Christina Hagan, R-Marlboro Township in Stark County. Her speech was interrupted briefly by the cries of one of her twin newborn. “Motherhood isn’t easy but it’s necessary.”
The proposed law would effectively ban abortions after the first six weeks of a woman's pregnancy by penalizing doctors who perform abortions after a fetal heartbeat is detected. A physician who performs an abortion after that point could face a fifth-degree felony punishable by up to a year in prison.
There are no exceptions for rape or incest. But an abortion would be permitted to save a pregnant woman's life or prevent her from suffering a "substantial and irreversible impairment of a major bodily function."
In 2017, 9,109 abortions were performed at nine weeks gestation or later – nearly 44 percent of abortions that year, according to Ohio Department of Heath data. (Numbers were not available for six weeks or fewer.)
Courts have rejected similar proposals in other states from Arkansas and North Dakota to Iowa. Defending the law cost North Dakota $491,016 in legal fees, according to the Associated Press.
The U.S. Supreme Court has declined to weigh in. Some Republicans hope Ohio's heartbeat bill will force a more-conservative top court to take another look at the landmark abortion case, Roe v. Wade.
What proponents said
Rep. Ron Hood, R-Ashville, said he and his wife suffered the loss of a stillborn son. Not hearing his heartbeat was devastating.
“We know that if there’s a heartbeat, there’s life," Hood said.
Hood, who is a sponsor of the bill, said this proposed law could help the U.S. Supreme Court reconsider when a fetus is viable because of medical advancements.
“(Abortion) is not a constitutional right," said Rep. Candice Keller, R-Middletown, despite the U.S. Supreme Court ruling. "If you don’t know that, you need to read the Constitution.”
Rep. Kristina Roegner, R-Hudson, said abortion is murder and Ohio lawmakers have the responsibility to label it as such.
"Today, let us stand up for the most innocent among us: the unborn," Roegner said.
What opponents said
Rep. Nickie J. Antonio, D-Lakewood, expressed concern that the bill had no exceptions for victims of rape or incest. Women in those situations should have the right to keep or abort a fetus.
"We should not take away their inalienable right to self-determination," Antonio said.
Rep. Brigid Kelly, D-Hyde Park, said Ohio lawmakers should spend their time focusing on increasing access to health care and ensuring people are paid a living wage.
"Those are the real policies that help women and families in our state," Kelly said.
Rep. Stephanie Howse, D-Cleveland, said Ohio lawmakers should not be making reproductive decisions for women.
“We should really mind our business," Howse said.
Democrats wanted to make changes to the bill: adding comprehensive sex education, providing access to contraception and eliminating criminal penalties for doctors. But those ideas were rejected by the GOP majority.
What's next?
The bill heads to the Ohio Senate, where President Larry Obhof, R-Medina, said he would have the votes to pass it. But would Obhof ask lawmakers to vote on the proposed ban, knowing Kasich would almost certainly veto it?
“That’s something that we haven’t determined yet," Obhof said.