Ohio Republicans are considering a bill that would completely ban abortions, and that could lead to the Supreme Court weighing in on Roe v. Wade.

If House Bill 565 becomes law, fetuses would be deemed “unborn humans,” and abortion would become a punishable offense, according to WOSU. Doctors and pregnant women who participate in abortions would face prison time and could even be given the death penalty. There would be no exceptions for rape, incest or threats to the mother’s life.

The bill is considered unlikely to be passed this year and is being considered by the House’s health committee.

NARAL Pro-Choice Ohio, a reproductive rights organization, fiercely opposes the legislation.

“What we are seeing today is the culmination of 45 years of maneuvering from anti-choice forces. What we do in this election and this legislative session could well determine the fate of Roe v. Wade for generations to come,” NARAL Pro-Choice Ohio executive director Kellie Copeland said in a press release.

As Roe v. Wade currently protects abortion in the United States, any bill that completely bars the procedure could be seen as running counter to it. By passing HB 565, Ohio would open itself up to a lawsuit that could make its way to the Supreme Court, where justices would be tasked with deciding whether to uphold the earlier ruling.

Planned Parenthood of Southwest Ohio spokesperson Danielle Craig called the bill “blatantly unconstitutional” and "the worst intrusion on a woman's reproductive rights by the Ohio legislature to date,” according to City Beat.

Ohio has been incrementally adding anti-abortion legislation to its books. In 2017, its House of Representatives passed a bill banning abortions after 20 weeks.

The House then passed the “Heartbeat Bill” last Thursday, according to The New York Times.

This bill bans abortion after the detection of a fetal heartbeat, which can be as early as six weeks into a pregnancy. It classifies abortion of a fetus with a heartbeat as a fifth-degree felony and could result in up to a year in prison and a $2,500 fine. The “Heartbeat Bill” will go to the Senate. If it passes too late to be signed by current Ohio Governor John Kasich (R), his successor, Mark DeWine (R), is expected to sign it. DeWine said he supported the bill during his campaign.

“I will sign the bill,” he said. “I believe that the essential function of government is to protect the most vulnerable members of society. That includes the unborn.”

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HB 565

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