The top court in Ohio handed Republicans a small victory on Tuesday by ruling in favor of keeping the term "unborn child" in the ballot language for a measure on abortion protections that will be voted on this November.
The Ohio Supreme Court rejected a lawsuit brought by Ohioans United for Reproductive Rights against the GOP-controlled Ohio Ballot Board for omitting the word "fetus" from the ballot wording, which is used in the full text of the constitutional amendment being voted on.
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"The ballot language thus unnecessarily introduces an ethical judgment, at what stage of development a zygote, embryo, or fetus becomes a 'child,' which is beyond the scope of the measure and about which Ohioans profoundly disagree," the lawsuit stated.
The state Supreme Court ruled against the reproductive rights activists, stating that it "does not establish that the ballot board’s language constitutes improper persuasion."
The office of Ohio Secretary of State Frank LaRose said in a statement to the Washington Examiner that they were "pleased" with the court's ruling.
"By rejecting special interest attempts to substitute their own carefully crafted and poll-tested language for that of the ballot board, they have ensured Ohio voters will have a full and accurate understanding of the proposed measure when they go to cast their ballots,” said Mary Cianciolo, a spokesperson for the office.
However, the court did side with the Ohioans United for Reproductive Rights in agreeing that the language "citizens of the state" was misleading.
The language approved by the state's ballot board read, "prohibit the citizens of the State of Ohio from directly or indirectly burdening, penalizing, or prohibiting abortion before an unborn child is determined to be viable."
The state Supreme Court ordered the ballot board "to adopt ballot language that accurately describes that the proposed amendment regulates actions of the 'State.'"
Cianciolo said LaRose would "quickly reconvene" the ballot board to make the “minor change ordered by the court.”
A spokesperson for Ohioans United for Reproductive Rights said in a statement on Tuesday that this was another attempt by the ballot board to “mislead voters.”
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“Issue 1 is clearly and concisely written to protect Ohioans’ right to make our own personal healthcare decisions about contraception, pregnancy, and abortion, free from government interference,” spokesperson Lauren Blauvelt said to NBC News. “The actual amendment language communicates that right clearly and without distortion.”
Earlier this month, Ohioans voted down a measure that would have increased the difficulty of passing a petition-initiated amendment to a 60% majority. In about six weeks, voters will cast their ballot in favor of or against such an amendment on whether to protect abortion access up until fetal viability in the state constitution.