(COLUMBUS, Ohio) — A judge on Friday temporarily lifted parts of Ohio’s six-week abortion ban.
The Franklin County Court of Common Pleas has put on hold several laws that require abortion patients to wait at least 24 hours after receiving state-mandated information in person before receiving abortion care.
According to the ACLU of Ohio, this is the first decision on the merits of a ballot proposal that would have amended the Ohio Constitution to “establish an individual right to their own reproductive medical treatment, including, but not limited to, abortion.”
Much of the ban would become unconstitutional after the change took effect in December 2023, Ohio Attorney General Dave Yost said earlier this year.
Judge David C. Young ruled that the ban’s requirements do not serve the health of patients and violate the reproductive rights guaranteed by the amendment.
“This is a historic victory for abortion patients and for all Ohio voters who expressed support for the constitutional amendment protecting reproductive freedom and bodily autonomy,” said Jessie Hill, cooperating attorney with the ACLU of Ohio. “It is clear that Ohio’s newly amended Constitution works as voters intended: It protects the fundamental right to abortion and prohibits the state from violating it except when necessary to protect the health of a pregnant person.”
The statement continued: “This decision is the first step toward removing unnecessary barriers to healthcare. We welcome this ruling and will work to make this injunction permanent.”
In a statement, Bethany McCorkle, communications director for the attorney general, said the office would appeal the ruling.
“We have heard the voices of the people and recognize that reproductive rights are now protected in our Constitution,” McCorkle’s statement said. “However, we respectfully disagree with the Court’s decision that requiring physicians to obtain informed consent and wait 24 hours before performing an abortion is burdensome. These are essential safeguards designed to ensure that women receive appropriate care and can make voluntary choices.”
According to the Guttmacher Institute, a research group that focuses on sexual and reproductive rights, abortions are now banned after the 22nd week of pregnancy.
However, lawmakers have tried to keep other parts of the ban, including the notification requirement and a 24-hour waiting period before an abortion can be performed. These restrictions, abortion rights advocates say, often prevent patients from having the procedure at all.
The so-called “Heartbeat Bill” was signed into law by Governor Mike DeWine in 2019 and prevents abortions as soon as fetal heart activity may be disrupted, which typically occurs after about six weeks of pregnancy – before many women know they are pregnant.
The ban does not provide exceptions for rape or incest. The only exceptions are cases of ectopic pregnancies and to prevent the death of the mother or the impairment of an important bodily function.
A federal judge blocked the ban in 2019, but it was reinstated just hours after the Supreme Court’s decision to overturn Roe.
In September 2022, a lower court in Ohio issued a temporary restraining order before issuing a preliminary injunction a few weeks later. In December 2023, the state 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 shut down nearly all abortion services, according to an ABC News count, while three states – Florida, Georgia and South Carolina – each have a six-week ban in place.
Following the court’s decision, abortion questions were on the ballot in six states other than Ohio, and each time voters sided with abortion rights supporters.
In the August 2022 primary election, Kansas became the first state since the Supreme Court ruling to allow voters to decide on abortion, with residents rejecting a proposal to remove abortion rights from the state constitution.
Three states – California, Michigan and Vermont – voted to strengthen rights and two states – Kentucky and Montana – voted against further restricting rights.
It is unclear how many states will have abortion issues on the ballot in the November 2024 election, but according to KFF, so far ten states have constitutional amendments addressing abortion on the ballot.
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