Ohio judge strikes down parts of state’s 6-week abortion ban

(COLUMBUS, Ohio) — A judge on Friday temporarily blocked parts of Ohio’s six-week abortion ban.

The Franklin County Court of Common Pleas put a hold on several laws that force abortion patients to wait a minimum of 24 hours after receiving state-mandated information in person before accessing abortion care.

According to the ACLU of Ohio, this is the first ruling on the merits of a ballot measure that amended the Ohio constitution to establish “an individual right to one’s own reproductive medical treatment, including but not limited to abortion.”

Much of the ban was rendered unconstitutional after the amendment went into effect in December 2023, Ohio’s Attorney General Dave Yost, said earlier this year.

Judge David C. Young ruled that the ban’s requirements do not advance patient health and violate the reproductive rights guaranteed by the amendment.

“This is a historic victory for abortion patients and for all Ohio voters who voiced support for the constitutional amendment to protect reproductive freedom and bodily autonomy,” Jessie Hill, cooperating attorney for the ACLU of Ohio. “It’s clear that the newly amended Ohio Constitution works as the voters intend: to protect the fundamental right to abortion and to forbid the state from infringing on it except when necessary to protect the health of a pregnant person.”

The statement continued, “This decision is the first step in removing unnecessary barriers to care. We celebrate this ruling and will push forward to make this injunction permanent.”

In a statement, Bethany McCorkle, the attorney general’s communications director, said the office would be appealing the ruling.

“We have heard the voices of the people and recognize that reproductive rights are now protected in our Constitution,” McCorkle’s statement read. “However, we respectfully disagree with the court’s decision that requiring doctors to obtain informed consent and wait 24 hours prior to an abortion constitute a burden. These are essential safety features designed to ensure that women receive proper care and make voluntary decisions.”

Abortions are now banned at 22 weeks’ gestation or later, according to the Guttmacher Institute, a research group that studies sexual and reproductive rights.

However, lawmakers have tried to maintain other parts of the ban, including reporting requirements and a 24-hour waiting period before an abortion can be administered. Those are challenges that abortion rights supporters say often prevent patients from receiving the procedure at all.

The so-called “heartbeat bill” was signed into law in 2019 by Gov. Mike DeWine and prevents abortions from performed once fetal cardiac activity can be defected, which typically occurs at about six weeks’ gestation — before many women know they’re pregnant.

The ban has no exceptions for rape or incest. The only exceptions are cases of ectopic pregnancies and to prevent the mother’s death or impairment of a major bodily function.

A federal judge blocked the ban in 2019 but it was reinstated just hours after the Supreme Court decision to overturn Roe.

In September 2022, an Ohio lower court granted a temporary restraining order before granting a preliminary injunction a few weeks later. In December 2023, the state’s Supreme Court dismissed the state’s appeal and sent the case back to the lower courts.

Since the Supreme Court overturned Roe v. Wade in June 2022, 14 states have ceased nearly all abortion services, according to an ABC News tally, while three states — Florida, Georgia and South Carolina — all have six-week bans in place.

Following the court’s decision, six states aside from Ohio have had abortion-related questions on the ballot and, each time, voters have sided with abortion rights supporters

In an August 2022 primary, Kansas became the first state to let voters decide on abortion since the Supreme Court’s ruling, and residents struck down a proposal to remove the right to abortion from the state’s constitution.

Three states — California, Michigan and Vermont — voted to strengthen rights and two states — Kentucky and Montana – voted against further limiting rights.

It’s unclear how many states will have abortion-related ballot questions in the November 2024 election but, so far, 10 states have abortion-related state constitutional amendments on the ballot, according to KFF.

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