The Republican-controlled House of Representatives today passed a series of bills that would give Ohio the most restrictive anti-abortion law in the country.

Dubbed "the heartbeat bill," House Bill 125 by Rep. Lynn R. Wachtmann (R-Napoleon), would outlaw abortions after a fetal heartbeat can be detected, generally six to seven weeks into pregnancy. It passed by a 54-43 vote.

"If we can detect the heartbeat inside a pregnant woman, we know for certain that the heartbeat is from a life within the mother, said Rep. Terry Boose (R-Norwalk Township) after he and fellow representatives OK'd the bill. "The most basic function of government is to protect people's right to life, liberty, and property. By passing this bill we finally will be able to more successfully protect these rights for the unborn."

This legislation also would prohibit individuals from performing an abortion on a pregnant woman prior to testing whether the child she is carrying possesses a detectable heartbeat. If a heartbeat is detected according to standard medical practice, an abortion will be prohibited by law unless the pregnancy threatens the life of the mother.

"This is a historic vote," said Janet Folger Porter, the former legislative director for Ohio Right to Life who led efforts to pass the legislation. "When passed, the heartbeat bill will be the most protective legislation in the nation."

Abortion-rights groups say such a law would effectively ban abortions because most women don't know they are pregnant that early.

"It's obviously an undue burden if you can't have an abortion even before you know you are pregnant," said Kellie Copeland, executive director of NARAL Ohio.

The legislation has raised concerns from both sides of the abortion debate, including Ohio Right to Life -- which has cautioned lawmakers that such a law is likely to be found unconstitutional because it would be too restrictive under current law.

The the U.S. Supreme Court established a woman's right to an abortion in its landmark 1973 Roe v. Wade ruling, which forbids states from banning abortions until a fetus is viable, generally about 24 weeks into pregnancy.

Two other anti-abortion bills also were approved in the House on Monday: House Bill 78, a more-limited abortion ban that would outlaw post-viability procedures, and House Bill 79, which would prohibit insurance plans from covering abortions in the health-insurance exchange that Ohio will create as part of the federal health-care reform.

House Bill 78 would prohibit an abortion if the unborn child is confirmed to be viable, which is possible by about 22 to 24 weeks. If a child is considered viable, an abortion is prohibited except in the case of a medical emergency or if the woman has a serious physical health condition. In cases in which an abortion is medically necessary, the procedure must be performed at a neonatal facility where the method is most likely to permit the child to survive.

House Bill 79 would prohibit the coverage of elective abortions within the health plans required by the new federal health care law. The federal law requires each state to establish an "American Health Benefit Exchange" to encourage the purchase of health care plans, which may include elected abortions as a health care benefit. However, a state may prohibit abortion coverage in its own health benefit exchange if the state passes a law specifying as such.

"I do not want taxpayers' money to be used to fund abortion because it violates the conscience of many Ohio taxpayers who oppose abortion," Boose said.

Michael Gonidakis, executive director of Ohio Right to Life, said the post-viability ban is part of a national effort to topple Roe v. Wade.

Ohio is poised to become the seventh state to enact a law prohibiting abortions after 20 weeks if a doctor determines that the fetus could survive outside the womb. Similar bills have been introduced in about 16 other states.

Abortion-rights advocates say such laws are unconstitutional, but there has been no court challenge so far.

Although the fetal heartbeat and post-viability bills would set different restrictions on abortions, House Speaker William G. Batchelder, R-Medina, has said that, after consulting with legal experts, he thinks there is no issue with passing both bills at the same time.

In addition to these three anti-abortion bills, House Bill 153, the state budget proposal that will be sent to Gov. John Kasich this week, includes a provision banning publicly funded hospitals and clinics from performing abortions.

"This is supposed to be budget week," Copeland said. "If you count what is still in the budget, they plan to pass four serious restrictions on abortion, all posing significant and substantial dangers for women's health."

House Bills 78, 79 and 125 will now move to the Ohio Senate for further consideration.

EDITOR'S NOTE: Norwalk Reflector staff writers contributed to this story.

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By Catherine Candisky - The Columbus Dispatch (MCT)

Copyright (c) 2011, The Columbus Dispatch, Ohio

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