Nuns rallied against Ohio’s reproductive rights amendment on Oct. 6, 2023. Opponents of Issue 1 said the measure would diminish parental rights. (Photo by Graham Stokes for Ohio Capital Journal)
The anti-abortion movement has framed certain protections for abortion care as attacks on parental rights.
Opponents of successful reproductive rights ballot measures in Ohio, Missouri, Maryland and New York often deployed this rhetoric while campaigning.
Parental rights were not included in Ohio’s Issue 1 ballot language that passed in November 2023. But that didn’t stop first lady Fran DeWine from saying in an ad that the measure “would deny parents the right to be involved when their daughter is making the most important decision of her life,” Ohio Capital Journal reported.
Black parents push back against right-wing attacks on ‘critical race theory’
Critics of Missouri’s abortion-rights initiative, including former Republican Gov. Mike Parson and U.S. GOP Sen. Josh Hawley, falsely claimed the amendment would legalize gender transition surgeries for minors, according to Missouri Independent.
Maryland and New York had questions on the ballot last fall that sought to shore up existing statewide protections. An opposition group in Maryland argued that the measure would nullify parental notification requirements for minors seeking abortions. Question 1 did not gut those restrictions. New York’s Coalition to Protect Kids popped up to oppose the measure. The name of the group implied an anti-discrimination amendment that also safeguarded the right to make decisions about pregnancy would somehow harm children in New York, where there are no parental consent or notification requirements for teens seeking abortions.
Republican lawmakers also say so-called “abortion trafficking” laws are meant to protect minors who get abortions out of state. Idaho and Tennessee passed such laws, but the statutes were fully or partially blocked by the courts. Similar legislation appeared recently in New Hampshire, and Republicans in Virginia are using the parental rights argument against a reproductive rights amendment.
Virginia Mercury’s Charlotte Rene Woods reports:
Republicans are ramping up opposition to Democrat-led efforts to protect abortion and contraception access, saying the proposals undermine parental rights in minors’ health care decisions. As these measures advance in the legislature, the battle over oversight is heating up.
The legislation “obliterates parental rights” that would “supersede any state law we have,” said Republican Del. Mark Earley, during a House floor debate last week.
House Majority Leader Charniele Herring, a Democrat who is sponsoring the resolution, dismissed the claims.
“The law is the law until the court says it’s not,” Herring said, emphasizing that current state laws governing parental consent remain intact.
Virginia law requires minors to obtain parental or guardian consent for an abortion unless they petition a judge for authorization. This judicial bypass system is already in place and would not be affected by the amendment.
University of Richmond legal professor Meredith Harbach explained that amending Virginia’s Constitution would not override these existing legal safeguards, underscoring that the resolution does not specifically address minors or alter parental consent laws.
Harbach noted that numerous court cases have upheld parental authority over minors in various situations.
While minors aren’t explicitly mentioned in the reproductive health bills facing Republican opposition, Democratic lawmakers argue that parental rights are already clearly defined in existing state law, making additional references unnecessary.
Subscribe to States Newsroom’s free Reproductive Rights newsletter.