Ohio Judge Invalidates Portions of State’s 6-Week Abortion Ban

A judge has issued a temporary block on certain aspects of Ohio’s six-week abortion ban, leading to a significant development in reproductive rights within the state.

The Franklin County Court of Common Pleas has put a hold on provisions that require abortion patients to wait at least 24 hours after receiving state-mandated information in-person before they can proceed with abortion care.

This ruling marks a pivotal moment as it addresses the significance of a recent ballot measure that amended the Ohio constitution, establishing “an individual right to one’s own reproductive medical treatment, including but not limited to abortion,” as highlighted by the American Civil Liberties Union (ACLU) of Ohio.

According to Ohio’s Attorney General Dave Yost, much of the abortion ban became unconstitutional after the amendment went into effect in December 2023. Judge David C. Young concluded that the requirements imposed by the ban do not advance patient health and infringe on the reproductive rights protected by the amendment.

Jessie Hill, an attorney with the ACLU of Ohio, remarked on the significance of the ruling. “This is a historic victory for abortion patients and for all Ohio voters who supported the constitutional amendment to protect reproductive freedom and bodily autonomy,” she stated. Hill emphasized that the newly amended Ohio Constitution functions as intended by voters, safeguarding the right to abortion and limiting state interference unless necessary for the health of the pregnant individual.

Furthermore, Hill stated, “This decision represents a vital first step in dismantling unnecessary barriers to care. We celebrate this ruling and are committed to making this injunction permanent.”

Following the news of the ruling, Bethany McCorkle, the communications director for the attorney general’s office, announced plans to appeal. In her statement, she acknowledged the new protections for reproductive rights but expressed disagreement with the judge’s perspective that the informed consent requirement and the 24-hour waiting period pose a burden on patients. McCorkle characterized these measures as essential safety features that ensure women receive appropriate care and make informed decisions.

Currently, abortions in Ohio are banned at 22 weeks gestation or later, per the Guttmacher Institute, which conducts research on sexual and reproductive rights. Despite this, lawmakers have sought to maintain other regulations that include the reporting requirements and the aforementioned waiting period, measures which abortion rights advocates claim often hinder access to necessary procedures.

The “heartbeat bill,” enacted in 2019 under Gov. Mike DeWine, prohibits abortions once fetal cardiac activity is detectable, generally occurring around six weeks of pregnancy—often before many individuals realize they are pregnant.

This stringent ban does not allow exceptions for cases of rape or incest, with the only exemptions being for ectopic pregnancies or to protect the mother’s life or major bodily functions from serious impairment.

Initially, a federal judge blocked the implementation of the ban in 2019; however, it was reinstated shortly after the Supreme Court overturned Roe v. Wade. Subsequently, an Ohio lower court issued a temporary restraining order in September 2022, later followed by a preliminary injunction. The state’s Supreme Court dismissed an appeal in December 2023, returning the matter to lower courts.

Since the Supreme Court’s decision in June 2022, 14 states have almost entirely stopped providing abortion services. Presently, three states—Florida, Georgia, and South Carolina—have enacted six-week bans. In the aftermath of these legal changes, several states beyond Ohio have placed abortion-related measures on their ballots, with voters consistently supporting abortion rights.

In an August 2022 primary election, Kansas became the first state to allow voters to decide on abortion since the Supreme Court’s ruling, successfully rejecting a proposal to eliminate abortion rights from its constitution. Likewise, California, Michigan, and Vermont chose to enhance reproductive rights, while voters in Kentucky and Montana opted not to impose further restrictions.

As the November 2024 election approaches, it remains uncertain how many states will follow suit with ballot questions relating to abortion, although reports indicate that 10 states currently have constitutional amendments concerning abortion on their ballots.

Source: ABC News