After the Supreme Court repealed Roe V. Wade, the battle for abortion is left up to each state.

Ohio becomes the latest player, with pro choice advocates aiming to get a referendum on the ballot to enshrine Ohio abortion access. They’d have a good shot at success, as the last poll showed that 53% of Ohioans supported abortion rights. Supporters will need to collect almost half a million signatures before July 5.

But pro life groups are crying foul. They note that also included are protections for contraceptives, fertility treatment and care after a miscarriage. Those extra add-ons would likely create additional support for the measure if it landed on the 2023 election election ballot. Many pro life Americans might still support the continued allowance of condoms, efforts to aid couples wanting to be parents, and providing life saving care should someone fall victim to a miscarriage. The Cincinnati Right to Life group, who initiated the lawsuit, says those added concerns shouldn’t be counted as “reproductive decisions”.

The alternative, the group says, is to simply divide the ballot measure. One for abortion, another for the other issues of concern. In that case, supporters would need almost double the signatures they currently need now for both issues to get on the ballot.

The attorney for the group essentially blamed laziness on the Ohio Ballot Board’s part. He claims they didn’t analyze the proposal carefully enough.

Expect this to be a new blueprint in the abortion battle going forward. Pro choice supporters see the extra add on as not only making passage more likely, but of creating an image in voters head of seeing banning condoms and abortion as one. It’s a smart strategy, but it just might not work.

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