Ohio lawmakers push to hold men accountable for role in conception

COLUMBUS, Ohio (WCMH) – Ohio lawmakers are preparing to introduce a bill that would make it a crime for men to have unprotected sex if they do not intend on having a baby. 

The bill, proposed by Reps. Anita Somani (D-Dublin) and Tristan Rader (D-Lakewood), would make it illegal for men for actions “without the intent to fertilize an embryo.”

“The goal is to draw attention to some of the bills that have been passed in the legislature and also around the country that police or restrict reproductive rights for women,” said Somani, who is also an OBGYN. “Having intercourse, having a baby, involves two people. … The intent is to say that men are equally responsible.”

The bill, called the “Conception Begins at Erection Act,” allows exceptions, such as when a man wears contraception. It would also not apply to couples in the LGBTQ+ community. 

If the bill were to become law, men could be fined $1,000 for their first offense, $5,000 for their second offense and $10,000 for any further offense. 

“This ridiculous proposal demonstrates yet again that Democrats are not serious about helping women and their children,” said Mike Gonidakis, president of Ohio Right to Life. “Instead of acting like professional adults, Reps. Somani and Rader have embarrassed their constituents and would rather get ‘likes’ from the radical left on social media than offer solutions to help pregnant women.”

Somani said the legislation was modeled after a similar bill introduced in Mississippi under the same name. The Mississippi bill, introduced in January, would also criminalize “discharging genetic material” without the intent to conceive a baby and outlines the same penalties.

For the bill to be enforced, it would rely on residents reporting each other, Somani said. While Somani and Rader recently announced the proposal on social media, it has not yet been formally introduced. The pair is debating the best time to introduce it, given the House is currently working on state budgets, according to Somani. 

“I would say if you're offended and insulted by this bill, then think about all the bills that have been done to police women and be offended by those also,” Somani said. 

In November 2023, Ohioans passed Issue 1, which enshrined residents' right to an abortion in the state’s constitution. However, Somani said she anticipates legislation attempting to recognize fetuses as people will be introduced at the Statehouse this General Assembly, so she believes this bill is a “proactive” move. 

“As an OBGYN, I think the decisions that we make on healthcare belong between the patient and the provider, whether that patient is male or female,” Somani said. “I don't believe we should legislate, but I do believe we should draw attention to these things so that people understand that legislating abortion care is not better than legislating male reproductive care.”

Although Somani does not believe the bill has a chance of passing, she thinks it is important to start a conversation about legislation that “unfairly” restricts women’s reproductive freedoms.