A judge from the Hamilton County Common Pleas Court declared that Ohio’s ban on most abortions is unconstitutional and cannot be enforced. This ruling comes after voters approved a reproductive rights amendment in November.
Judge Christian Jenkins issued a permanent injunction on Thursday, declaring that Ohio’s abortion ban was in violation of voter-approved language that was added to the state constitution. This language was specifically intended to safeguard access to abortion, contraception, and other reproductive choices.
In a recent statement, Jenkins emphasized that Ohio voters have made their voices heard, solidifying the protection of the right to abortion in the Ohio Constitution.
The ban on abortions, which prohibited doctors from performing the procedure after embryonic or fetal cardiac activity is detected, has been declared unconstitutional. This law, passed by GOP lawmakers in 2019, only took effect after the U.S. Supreme Court overturned Roe v. Wade in June 2022.
The law had been in effect for 82 days before Jenkins, a Democrat, took temporary action to block it. As a result of the law, Ohio abortion providers filed a lawsuit against the state in order to put a halt to its enforcement. This law not only led patients to seek abortions in other states but also posed a threat to the existence of several clinics. For instance, a young girl who had been sexually assaulted in Columbus had to travel to Indiana to obtain an abortion.
Outrage over Ohio’s abortion restrictions sparked a movement to protect reproductive rights by adding them to the state constitution. Governor Mike DeWine, a Republican, acknowledged that the law he had signed, referred to as the “heartbeat bill,” did not align with the desires of the people of Ohio. In November, a ballot initiative was successfully passed with 57% of the vote.
Yost put out a legal study prior to the November election, outlining abortion restrictions that may be overturned if the proposal succeeded. Among these was a restriction on most abortions after six weeks.
It took nearly a year, however, to officially invalidate Ohio’s most draconian abortion prohibition.
“This is a historic decision that demonstrates the strength of Ohio’s new Reproductive Freedom Amendment in practice. “The six-week ban is clearly unconstitutional and has no place in our legal system,” said Jessie Hill, a collaborating attorney with the American Civil Liberties Union of Ohio.
According to Aaron Baer, president of the Center for Christian Virtue, Ohio voters will understand why they need to alter direction once abortion restrictions and safety rules are repealed. “Ohio voters are just beginning to see the extreme nature of this abortion amendment.”
Jenkins found that his ruling made no changes to Ohio laws promoting adoption or foster care.
In the months since Ohio passed the abortion rights initiative, the state’s Republican-controlled Legislature has not overturned existing abortion bans and restrictions.
Instead, abortion rights supporters have filed lawsuits. On Thursday, a Franklin County court overturned a requirement that patients wait at least 24 hours for an abortion. Ohio Attorney General Dave Yost intends to appeal the ruling.
Attorneys representing Ohio abortion providers are preparing for a lengthy legal battle. Lawyers have already sued over other Ohio legislation that makes it more difficult to procure an abortion in the state. These decisions could end up before the Ohio Supreme Court.
“This momentous win is due to the hard work of countless Ohioans who stood up and continue to stand up to protect abortion access in our state,” said Kellie Copeland, executive director of Abortion Forward. “Now, voters have the opportunity to flip the Supreme Court to ensure our hard work last year continues to expand abortion access.”
Read the decision:
Hamilton County judge blocks Ohio abortion ban by Jessie Balmert on Scribd
This story will be updated.
