ACLU Ohio calls for standalone death penalty legislation

Terri Dee

The ACLU of Ohio is calling for a repeal of the state's current death penalty laws, but some conservative state lawmakers have another idea.

House Bill 136, passed in 2021, prohibits the death penalty for offenders with a mental illness. Senate Bill 101, proposed in 2024, would abolish the death penalty.

Two Ohio senators with support from the Ohio Catholic Conference have introduced legislation which would combine death penalty revisions with restrictions on abortion and what they refer to as "assisted suicide," under one law.

Sean McCann, policy analyst for the ACLU of Ohio, said legislators acted this week.

"The bill that was announced by the group of lawmakers and the Catholic Conference of Ohio now has been introduced in the Ohio House as House Bill 72," McCann noted. "After reviewing the language, we remain steadfastly opposed to this attempt to tie the death penalty repeal to restrictions on abortion and medical aid in dying."

Proponents of the bill see it as tying the three policies under one "pro-life" umbrella. But under current Ohio law, medical aid in dying for people with terminal illnesses is not permitted, and state funding for abortion services is illegal. The bill would remove funding for abortion medications, which critics say would violate Ohio's Reproductive Freedom Amendment.

The Ohio Attorney General's Office Capital Crimes Report indicated between July 18, 1981, the state's last execution date, through Dec. 31, 2023, 336 people have received a combined 341 death sentences. Of those, 56 sentences have been carried out. The report also stated a condemned inmate spends more than 21 years on death row as attorneys file appeals.

McCann emphasized the ACLU of Ohio does not support adding issues like abortion to the debate.

"We certainly view these issues as two separate issues," McCann stressed. "And we would also remind legislators, Ohio voters did approve the reproductive freedom Amendment by an overwhelming 57% to 43% margin in November 2023."

McCann argued the numbers showed voters do not want the legislature to continue tampering with their reproductive freedom. The ACLU of Ohio supports a repeal of the death penalty with a replacement of a life sentence without the possibility of parole.