COLUMBUS, Ohio - Ohio's newly passed constitutional protections for abortion access and reproductive rights are scheduled to take effect on December 7th, following resounding support from voters. However, the implementation and impact of these protections remain uncertain as existing abortion-related lawsuits continue to navigate through the courts.

With a strong majority of 57%, voters approved the amendment on November 7th, declaring an individual's right to make and carry out their own reproductive decisions. This marked the seventh consecutive victory for supporters of abortion access in statewide votes since the U.S. Supreme Court overturned constitutional protections.

However, while the amendment affirms these rights, it does not repeal any existing Ohio laws. This has prompted anti-abortion activists to increase pressure on Republican elected officials to curtail or delay the implementation of the amendment.

"A lot of that hard work of figuring out what state laws are inconsistent with the amendment and what state laws can remain does tend to devolve to the courts," said Laura Hermer, a professor of law at Mitchell Hamline School of Law, who specializes in health coverage and care in the U.S.

The Republican-controlled state Legislature, who opposed the November ballot amendment known as Issue 1, now faces the challenge of reconciling the existing laws with the newly passed constitutional protections. The Ohio Supreme Court, also controlled by Republicans, holds the final authority in deciding constitutional questions. However, concerns have been raised about the objectivity of some of the Republican justices on abortion-related matters.

In an effort to avoid a piecemeal approach, minority Democrats in the Ohio House have introduced legislation aimed at implementing the amendment comprehensively. This includes repealing the state's ban on most abortions after fetal cardiac activity is detected and the 24-hour waiting period. There are currently over 30 different restrictions on abortion in place in Ohio.

Chief Justice Sharon Kennedy recently ordered lawyers for the state and abortion clinics to provide their analysis on how the passage of the amendment has affected cases involving Ohio's ban on most abortions once fetal cardiac activity is detected. Other abortion-related laws in the state are also currently on hold in the courts.

There have been calls from anti-abortion groups to limit the power of state courts and prevent them from interpreting and repealing Ohio laws based on the amendment. Faith2Action, an anti-abortion organization, argues that the elected legislators should be the ones responsible for reigning in "out-of-control courts."

However, in his concurring opinion on the Roe v. Wade ruling, Justice Brett Kavanaugh noted that constitutional amendments were among the means through which the future of abortion access could be decided.

For now, Republican lawmakers have stated that legislation targeting the power of state courts will not be considered, and immediate repeal of Issue 1 is unlikely to be pursued at least until 2024.

In a legal analysis conducted prior to the election, Attorney General Dave Yost, a Republican, expressed concerns that the amendment could invalidate many Ohio laws and put others at risk.

As Ohio's new constitutional protections for abortion access and reproductive rights are set to take effect next month, the uncertainty surrounding their impact and implementation continues. The courts will play a crucial role in determining the compatibility of existing laws with the newly passed amendment.