Kara Sears
Abortion laws in the United States have been a subject of much debate and controversy, with varying stances across different states. In Ohio, abortion laws have undergone several changes in recent years, with the state's politicians attempting to restrict abortion access. As of 2024, abortion is legal in Ohio on request up to the point of fetal viability, which is typically around 23 weeks into pregnancy. However, this hasn't always been the case. In 2019, Ohio Governor Mike DeWine signed the Human Rights and Heartbeat Protection Act, banning abortions after the detection of embryonic cardiac activity, which usually occurs between five and six weeks of pregnancy. This law faced legal challenges, with a federal judge temporarily blocking its enforcement in 2019. The state's abortion laws continue to evolve, with ongoing efforts to protect abortion access and reproductive freedom in the state.
| Characteristics | Values |
|---|---|
| Abortion law status in Ohio | Legal on request up to the point of fetal viability (roughly 23 weeks) |
| Abortion law status before November 2023 | Illegal after embryonic cardiac activity was detected (usually between five or six weeks into the pregnancy) |
| Abortion law status after November 2023 | Legal up to fetal viability |
| Abortion law status after June 24, 2022 | Illegal after embryonic cardiac activity was detected |
| Abortion law status after October 24, 2024 | Legal after a six-week ban was permanently blocked |
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What You'll Learn
The 2019 abortion law
In 2019, Ohio passed the most restrictive abortion law in its modern history. The "Heartbeat Bill", officially known as the "Human Rights and Heartbeat Protection Act", was signed into law by Governor Mike DeWine on April 11, 2019. The bill banned abortions after embryonic cardiac activity is detected, which typically occurs around five or six weeks into a pregnancy. This law included no exceptions for rape, incest, or fetal inviability, with the only exception being a medical emergency that poses a serious risk to the pregnant woman's health.
The passage of this bill was a significant moment in Ohio's history, as it represented a shift towards more restrictive abortion laws in the state. The bill had been proposed for several years but had never been signed into law until 2019. The support of Governor DeWine, who announced his backing during his campaign, was instrumental in its passage. The bill faced opposition from minority Democrats, such as state Sen. Nickie Antonio, who criticised it for interfering with the practice of medicine.
The Ohio ACLU sued to block the law in federal court, arguing that it violated abortion rights. In July 2019, a federal judge temporarily halted the enforcement of the law, stating that it was likely to be ruled unconstitutional. Despite this, the law remained unenforceable unless the U.S. Supreme Court overruled the decision, which it did not at the time.
In addition to the "Heartbeat Bill", several other restrictive abortion bills were introduced in Ohio in 2019. One such bill, proposed by state Rep. Candice Keller, sought to legally recognise a fetus as a human being and completely ban all abortions in the state. Under this proposal, both doctors who provide abortions and women who receive them could be charged with a capital offence. Another bill, introduced by Candice Keller and Ron Hood, aimed to ban abortion outright and mandate that doctors reimplant ectopic pregnancies, despite obstetricians and gynecologists asserting the impossibility of such a procedure.
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The 2023 amendment
On November 7, 2023, Ohio voters approved a constitutional amendment, known as Issue 1, which guarantees the right to abortion and other forms of reproductive health care. The amendment, titled "The Right to Reproductive Freedom with Protections for Health and Safety", was adopted with a majority (56.8%) of voters.
The amendment came about as a response to the state legislature's passing of a six-week ban on abortion in 2019, which did not include exceptions for rape or incest. The 2019 law, known as the Human Rights and Heartbeat Protection Act, banned abortion after any embryonic cardiac activity was detected. The 2023 amendment restores Roe v. Wade-era access to abortion in Ohio, allowing abortion up to the point of fetal viability (around 23 weeks).
Opponents of the amendment, including Republican lawmakers and anti-abortion groups, spread misinformation about its contents, claiming that it would allow unrestricted abortions up to birth and that minors could obtain abortions without parental consent. Despite these misleading assertions, the amendment ultimately passed, marking a significant victory for reproductive rights in Ohio.
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The 2024 lawsuit
On September 2, 2022, the American Civil Liberties Union (ACLU), the ACLU of Ohio, Planned Parenthood Federation of America, and the law firm WilmerHale filed a lawsuit in the Hamilton County Court of Common Pleas. This lawsuit brought a state constitutional challenge against SB 23, a law banning abortion starting at approximately six weeks of pregnancy, which had taken effect on June 24, 2022. The six-week ban was deemed "blatantly unconstitutional" and a "devastating mark" on the state's history.
The lawsuit argued that the ban violated the Ohio Constitution's Reproductive Freedom Amendment, which was adopted by 56% of voters in November 2023 and made abortion legal in Ohio up to the point of fetal viability (around 23 weeks). The permanent blocking of the six-week ban was a significant step towards ensuring that people in Ohio had the right to make their own personal medical decisions.
The ACLU of Ohio has been actively fighting for reproductive freedom in the state. In March 2024, they filed another lawsuit challenging the 24-hour waiting period restriction, arguing that it was an unnecessary burden on patients and prevented easy access to reproductive healthcare.
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The 2022 injunction
On 2 September 2022, the American Civil Liberties Union (ACLU), the ACLU of Ohio, Planned Parenthood Federation of America, and the law firm WilmerHale filed a lawsuit in the Hamilton County Court of Common Pleas, challenging the constitutionality of SB 23, a law banning abortion starting at approximately six weeks of pregnancy. This law, also known as the Human Rights and Heartbeat Protection Act, was signed into law by Governor Mike DeWine on 11 April 2019 and went into effect on 24 June 2022, after the Supreme Court overturned Roe v. Wade.
The lawsuit was filed on behalf of several abortion providers and an individual abortion provider, Dr. Sharon Liner, to protect the right to abortion under the Ohio Constitution. The plaintiffs sought immediate relief to restore abortion access in the state, arguing that the law caused an immediate and devastating crisis, resulting in irreparable harm to Ohioans.
On 13 September 2022, the Hamilton County Court of Common Pleas granted a temporary restraining order (TRO) against SB 23, effectively blocking the six-week abortion ban and restoring reproductive rights across the state. The ruling allowed abortions up to 22 weeks LMP to be performed legally in Ohio. The judge's order emphasised the fundamental right to privacy, procreation, bodily integrity, and freedom of choice in healthcare decision-making recognised under Ohio law.
On 7 October 2022, Hamilton County Common Pleas Judge Christian Jenkins heard arguments on whether to extend the block on Ohio's law banning virtually all abortions on a more permanent basis. Courthouse guards screened spectators, and one abortion provider testified to wearing a Kevlar vest due to safety fears. Judge Jenkins issued a preliminary injunction, ruling that the ban would remain blocked while a state constitutional challenge proceeds. This decision allowed pregnancy terminations through 20 weeks' gestation to continue.
In addition to the legal challenges, the Reproductive Freedom Amendment, which took effect in December 2022, provided further protection for abortion rights in Ohio. The permanent blocking of the six-week ban was a significant step towards ensuring that patients in Ohio gained access to the healthcare they deserved.
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The 2019 bill
The bill aimed to make abortion illegal after embryonic cardiac activity could be detected, which usually occurs between five or six weeks into the pregnancy. This meant that abortions would be banned before many women even knew they were pregnant. The bill did not make any exceptions for rape, incest, or fetal inviability. The only exception was in the case of a medical emergency, defined as a "serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman." The bill also included a section called "Immunity for pregnant women", which ensured that pregnant women who undertook an abortion after embryonic cardiac activity would not face any penalties. However, this release of penalties did not extend to physicians or doctors who administered the abortion past detectable cardiac activity.
The bill faced strong opposition from reproductive rights groups, who argued that it was one of the nation's toughest abortion bans. They also highlighted the fact that the bill did not address certain notification and reporting provisions, which could subject doctors who perform abortions to felony criminal charges, fines, license suspensions, or revocations. In July 2019, a federal judge temporarily blocked the state's officials and county prosecutors from enforcing the prohibition against abortion providers. However, this injunction did not prevent county prosecutors outside certain counties from enforcing the criminal prohibition on post-embryonic cardiac activity abortions.
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Frequently asked questions
Yes, abortion is legal in Ohio.
Abortion in Ohio is legal on request up to the point of fetal viability (around 23 weeks) as a result of abortion rights being placed into the Ohio State Constitution by the November 2023 Ohio Issue 1, adopted by 56% of voters.
In 2019, Ohio Governor Mike DeWine signed the Human Rights and Heartbeat Protection Act, which banned abortion in Ohio after any embryonic cardiac activity was detected. However, in 2022, a federal judge temporarily blocked this law from being enforced.
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