Ohio 2025 HB 370
Overview
Ohio 2025 HB 370
Filed by Ohio State Representatives Ezra Dean and Johnathan Newman
Legislative updates:
Provides Equal Protection to Preborn Children
If we truly believe that a fetus is a person made in the image of God, then to be consistent with the Constitution and God’s word, the laws which protect human beings who are born must equally protect those who are not yet born.
“No state shall deny to any person within its jurisdiction the equal protection of the laws.” U.S. Constitution, 14th Amendment.
“All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.” Ohio Constitution, Article I, § 2.
“There are inconsistencies between Fourteenth Amendment status and the typical abortion statute. If the fetus is a person, why is the woman not a principal or an accomplice? If the fetus is a person, may the penalties be different?” Supreme Court of the United States. Roe v. Wade, 410 U.S. 113, 157-58 n. 54 (1973).
“So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets.” The Golden Rule, Matthew 7:12.
“You shall love your neighbor as yourself.” Mark 12:31.
“You shall not be partial in judgment.” Deuteronomy 1:17.
FAQs
Can Ohio abolish abortion even though Issue 1 enshrined "reproductive rights" into the state constitution?
In 2023, Issue 1 was approved by Ohio voters. This amendment to the Ohio Constitution says that “every individual has a right to make and carry out one's own reproductive decisions,” including through abortion, contraception, and fertility measures.[1]
Though voters approved Issue 1, the provision is null and void because it contradicts the U.S. Constitution, which says in the Fourteenth Amendment that no state may deny to any person the equal protection of the laws.[2]
Most importantly, the amendment contradicts the Law of God, which makes clear that we shall not murder. The command not to murder includes all people created in the image of God including those who have not yet been born.
Passing an abolition bill like HB 370 that explicitly applies the equal protection of the laws to preborn babies in Ohio would set up a legal challenge against the current abortion language in the Ohio Constitution.
NOTES:
Ohio Constitution, Article I, § 22
U.S. Const. 14th Amendment, § 1
Foundation to Abolish Abortion, "Biblical Principles on Equal Protection.”
Ibid.
Does the bill criminalize women?
No. The bill criminalizes the act of knowingly and willfully causing the death of a preborn child.
To deter such conduct and to provide equal protection of the laws, the bill does prohibit everyone, including pregnant mothers, from engaging in the unlawful act of prenatal homicide.
Once the bill is passed and becomes effective, the justice system would determine on a case-by-case basis whether any report of suspected prenatal homicide would be investigated and prosecuted and for what charge, and whether anyone would be convicted and sentenced. This justice system includes:
Law enforcement
Prosecutors
Grand juries
Trial juries
Judges
Multiple appellate courts
Governor (who can pardon or commute sentences)
All defendants would have the right to an attorney, the right to remain silent, and all other constitutionally required due process. The state would bear the burden of proving its case beyond a reasonable doubt.
Finally, before any sentence could be imposed upon any defendant, the people participating in that justice system process would be required to be in nearly unanimous agreement that the process and outcome were just.
Could anyone who has been involved with an abortion in the past be prosecuted?
The bill explicitly prohibits retroactive enforcement, as do the Ohio and U.S. constitutions.
Could the bill punish women who have had miscarriages?
No. The bill explicitly provides that it would not apply to accidental or natural deaths (i.e. spontaneous miscarriages).
Could a mother forced into an abortion be convicted?
No. A mother forced into an abortion by duress is not subject to criminal liability. Instead, the bill would allow for prosecution of the person who forced or pressured her.
Would the bill allow doctors to deal with life-threatening medical emergencies like ectopic pregnancies?
Yes. The bill explicitly allows for that.
SECTION-BY-SECTION
Bill Section 1
2903.24
These legislative intent provisions serve describe some of the constitutional foundations of the bill as well as providing a general summary of its effects.
2903.241
Subsection (A)
This section makes clear that Ohio law defines personhood from the moment of fertilization. Just as it is illegal to encourage or pressure someone to murder a born person, the effect of this bill also makes it illegal to encourage or pressure a mother to abort. A person who did so would also become a party subject to prosecution.
Subsection (B)
This section means that all existing due process protections for those accused of homicide of a born person would also apply to those accused of homicide of an unborn person, such as:
Presumption of Innocence. A person is presumed innocent until the state proves beyond a reasonable doubt that the person is guilty.
Mistake of Fact Defense. A person who misunderstands a material fact of what they are doing is not guilty if such mistake negates the existence of the mental state required by the offense.
Duress Defense. A person who commits a criminal act under threat of serious physical violence or death is not guilty.
Laws of Parties. Everyone willfully involved with the homicide can be prosecuted, including an abortionist and anyone who pressures the mother into the abortion.
Immunities. For example, prosecutors could grant immunity to mothers to testify against the abortionist or others.
Clemencies. The governor can exercise executive clemency and commute/reduce the sentence of or completely pardon a person, even if the person had been lawfully convicted and sentenced.
Subsection (C)
The bill does not apply to medical care resulting in the unintentional injury or death of an unborn child resulting from lifesaving procedures undertaken to save the life of a pregnant mother when accompanied by reasonable and available steps to save the life of the mother ’s unborn child.
This provision is consistent with the Dublin Declaration.
The bill does not apply to a spontaneous miscarriage (the accidental or natural death of the unborn child).
Subsection (D)
The bill explicitly provides that a mother forced into an abortion by coercion is not subject to criminal liability. Instead, the bill would allow for prosecution of the person who coerced her.
If you have questions about whether a duress defense distinction can still be equal protection, see Understanding Duress Provisions in Prenatal Equal Protection Legislation.
Subsection (E)
This section makes clear that the bill does not overturn any previous laws regarding the lives of preborn babies.
Bill Section 2
This section adds a short title to the legislation.
Additional Notes
The bill would come into effect 90 days after receiving the signature of the Governor.