The Ohio Prenatal Equal Protection Act, as proposed in H.B. No. 2025-2026, aims to establish legal protections for preborn individuals by enacting sections 2903.24 and 2903.241 of the Revised Code. The bill articulates the intent of the General Assembly to recognize the sanctity of human life from the moment of fertilization, asserting that preborn persons should receive the same legal protections as those who are born. It seeks to repeal existing provisions that allow for willful prenatal homicide or assault and to protect pregnant women from coercion to abort. The bill emphasizes adherence to the U.S. Constitution, particularly the Fourteenth Amendment's equal protection clause, and aims to abolish abortion in the state.
Additionally, the bill defines "person" to include living human children before birth and outlines the enforcement of laws regarding the homicide or assault of preborn individuals, ensuring that due process protections apply similarly to those for born persons. It specifies exceptions for unintentional deaths resulting from life-saving procedures or spontaneous miscarriages and recognizes duress as a valid defense in cases where a mother is threatened. The provisions of this act are intended to supplement existing laws concerning the death or injury of unborn children, establishing a hierarchy that prioritizes the new sections in case of conflict.