The Ohio Liberty Council, a statewide coalition of 40 grassroots groups, has submitted a proposed state constitutional amendment that will “preserve the freedom of Ohioans to choose their health care and health care coverage.” The amendment, drafted by the 1851 Center for Constitutional Law, would protect Ohioans from the financial burdens and individual mandates contained in the new federal health care measure passed by Congress.

Twenty-six state legislatures have introduced bills to propose constitutional amendments to block the individual mandates contained in the new federal regulations, according to the National Conference of State Legislatures. Ohio's filing by the Ohio Liberty Council, however, is the nation’s first citizen-initiated action.

“The Ohio Liberty Council seeks to preserve the freedom of Ohioans to choose their health care and health care coverage,” said Ohio Liberty Council President Chris Littleton. “With the passage of untenable national mandates on health insurance, the federal government is trampling on the direct constitutional authority and responsibility of state legislatures. This constitutional amendment will do what our leaders in the Statehouse and Congress have failed to do – protect Ohioans from federal mandates on personal behavior.”

“The health care reform bill’s requirement to maintain minimum essential coverage essentially asserts that if you are alive, you must buy health insurance that is acceptable to the federal government. However, the mere act of being alive is not commerce that can be regulated by the federal government,” said 1851 Center Executive Director Maurice Thompson. “Accordingly, the legislation is constitutionally tenuous, and will take a backseat to our constitutional amendment, which upon enactment, will be a fundamental right amongst all Ohioans.”

The amendment provides that:

• In Ohio, no law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system;

• In Ohio, no law or rule shall prohibit the purchase or sale of health care or health insurance; and

• In Ohio, no law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.

The amendment does not:

• Affect laws or rules in effect as of March 19, 2010;

• Affect which services a health care provider or hospital is required to perform or provide;

• Affect terms and conditions of government employment; and

• Affect any laws calculated to deter fraud or punish wrongdoing in the health care industry.