A similar amendment in Michigan did not overturn parental consent, and the Ohio Supreme Court would be very unlikely to find that to be the case in Ohio, experts say
With strict scrutiny, the state would have to show laws achieve their ends “by the least restrictive means” to survive court challenge. Ohio’s reproductive rights amendment goes a step further, adding any potential restrictions must “advance the individual’s health in accordance with widely accepted and evidence-based standards of care.”
“The state shall not make a law directly or indirectly that interferes with an individual — didn’t say adult, an individual, a 12-year-old is an individual under Ohio Revised Code — right to reproductive care,” he saidSecretary of State Frank LaRose added the amendment, “makes it clear that parental involvement, I think the wording is in any matter of reproductive health, is forbidden — parents can’t have a say in that.”To be clear, Gonidakis and LaRose overstate.
“The amendment itself does not speak to the issue of parental consent or notification,” he said. “What would have to happen would be for someone to challenge the law and say that now it does interfere with an individual’s right to make a reproductive decision.” “I think that the second step of the Supreme Court invalidating Ohio’s parental consent statute with an amendment that doesn’t even speak directly to that would be highly unlikely,” Kobil argued.
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