Ohio Abortion Laws: Rape, Incest, And Exclusion

Ohio's abortion laws have been the subject of much debate and legal challenge in recent years, with the state's so-called Heartbeat Law or fetal heartbeat bill coming under particular scrutiny. This law, which bans abortion after six weeks of gestation with no exceptions for rape or incest, was signed by Governor Mike DeWine in 2019 but has faced numerous legal challenges and is currently on hold. The law has been described as extreme and devastating by reproductive rights advocates, and has been blamed for traumatizing patients and putting their lives at risk. In November 2023, Ohio Issue 1 was passed, amending the state constitution to include a right to abortion and other reproductive healthcare, effectively overriding the Heartbeat Law. However, the ongoing legal battles and political divisions over abortion in Ohio continue to leave patients and medical providers in a state of uncertainty.

The 6-week abortion ban

Ohio's six-week abortion ban, also known as the "Heartbeat Bill", prohibits abortions after six weeks of gestational age. The law was enacted in 2019 by Governor Mike DeWine and came into effect in June 2022 after the Supreme Court overturned Roe v. Wade. The ban includes no exceptions for rape or incest, allowing abortions only in cases of medical emergency.

The six-week ban has had severe consequences for women and girls in Ohio, including minors who became pregnant due to sexual assault and were forced to leave the state to access abortions. The law also prevented women with cancer from terminating their pregnancies and receiving necessary cancer treatment. The ban caused chaos and confusion for the medical community and patients, with doctors facing potential felony charges and risks to their medical licenses due to unclear regulations.

In September 2022, a Hamilton County Common Pleas Court judge issued a temporary restraining order against the six-week ban, followed by a preliminary injunction in October 2022, allowing abortions up to 22 weeks. However, the Republican-controlled Ohio Supreme Court is considering lifting the injunction, which would reinstate the six-week ban.

To prevent this, Ohio voters were faced with a decision to pass Issue 1 in the November 2023 referendum, which aimed to protect reproductive rights, including abortion care, miscarriage care, contraception, fertility treatment, and continuing a pregnancy, up to the point of fetal viability. The amendment would also allow abortions after that point to protect the life of the mother.

No exceptions for rape or incest

Ohio's abortion laws have been described as extremely restrictive. The state's abortion policy has multiple layers of law resulting from multiple laws passed over the decades.

In April 2019, Ohio Governor Mike DeWine signed the Human Rights and Heartbeat Protection Act, banning abortion after any embryonic cardiac activity is detected. This law, which came into effect in June 2022, does not make exceptions for rape or incest. The only exception is a medical emergency, defined as a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.

The law requires that pregnant people be offered the opportunity to see or hear the fetal or embryonic cardiac tone at least 24 hours before an abortion. They must also be informed of the likelihood of the pregnancy surviving if the abortion does not occur.

In 2022, 42 girls aged 14 and younger had abortions in Ohio, according to the state department of health. In 2021, that number was 57, and in 2020, it was 52.

In 2023, a 10-year-old rape victim had to flee Ohio to Indiana for abortion care. This story made national news, but Ohio Republicans attempted to erase the story, with Attorney General Dave Yost going on Fox News to raise doubts about its veracity.

If Issue 1 had failed to pass in November 2023, the government would have had the power to enforce Ohio's extreme abortion ban, with no exceptions for rape or incest. However, the amendment was passed, protecting access to abortion care up to the point of fetal viability.

The 24-hour waiting period

In August 2024, a county judge in Ohio, David C. Young, blocked the state's 24-hour waiting period for obtaining an abortion, deeming it unconstitutional under the November 2023 Ohio Issue 1. The ruling was the first court decision on the merits of the 2023 constitutional amendment, which guarantees access to abortion in the state.

The waiting period was challenged by Preterm-Cleveland and other abortion clinics and physicians, who argued that the laws burdened, penalized, prohibited, interfered with, and discriminated against patients seeking abortions and the providers assisting them. The ruling was met with mixed reactions, with Republican Attorney General Dave Yost stating his intention to appeal the decision. Yost's office argued that 24-hour waiting periods and informed consent laws were essential safety features designed to ensure women received proper care and made voluntary decisions.

Public funding for abortions

Currently, public funding for abortions in Ohio is limited to specific circumstances. According to the Ohio Policy Evaluation Network (OPEN), public funding is available for abortions only in cases of rape or incest, or when the pregnant person's life is in danger. This restriction aligns with the state's health insurance plan policies, which also cover abortion in cases of rape or incest, or when the pregnant person's life is endangered.

The limited public funding for abortions in Ohio has led to the emergence of organisations like the Abortion Fund of Ohio, which provides financial, emotional, and practical support to patients seeking abortions in the state. The fund assists individuals who lack the necessary funds or face logistical challenges in accessing abortion services. They also offer a Legal Access Program that provides free and confidential legal support to minors seeking abortions.

The restrictive nature of public funding for abortions in Ohio has been a source of contention, with organisations like Planned Parenthood and the ACLU advocating for the nullification of pre-amendment restrictions. The 2023 Ohio Issue 1 referendum, which aimed to restore Roe v. Wade-era access to abortion in the state, was a response to these restrictive funding and access measures. The amendment passed with a vote of 57% to 43%, demonstrating a desire among Ohio voters to protect reproductive rights, including access to abortion care.

The ongoing legal and political debates surrounding abortion in Ohio highlight the complexity of the issue. While public funding for abortions is currently limited to specific circumstances, the state has seen efforts to both restrict and expand abortion access, with organisations and individuals advocating for their respective positions.

The Heartbeat Law

The "Heartbeat Bill", also known as the Human Rights and Heartbeat Protection Act, was signed into law by Ohio Governor Mike DeWine on April 11, 2019. The law bans abortion after any embryonic cardiac activity is detected, which is usually between five or six weeks into the pregnancy. No exceptions are made for rape, incest, or fetal inviability; the only exception is a medical emergency.

The law faced opposition from the beginning, with Planned Parenthood and the ACLU advocating in court to have the restrictions nullified. On June 24, 2022, the law came into effect after the Supreme Court of the United States overturned Roe v. Wade. However, the law was temporarily halted by a preliminary injunction on October 7, 2022, allowing abortions through 22 weeks of gestation.

The "Heartbeat Bill" has had a significant impact on Ohio residents, with several minors who were sexually assaulted having to leave the state to obtain abortions, and women with cancer being refused abortions and unable to receive necessary cancer treatment. The law also requires physicians to offer the opportunity for the pregnant person to see or hear the fetal or embryonic cardiac tone at least 24 hours before an abortion and inform them of the likelihood of the fetus's survival.

The bill's enforcement has been stopped temporarily due to ongoing litigation, and the future of abortion rights in Ohio remains uncertain. The Ohio Attorney General's office has requested that the Republican-controlled Ohio Supreme Court lift the injunction on the six-week ban, and a decision is pending. In November 2023, Ohio voters passed Issue 1, a referendum to restore Roe v. Wade-era access to abortion in the state, protecting abortion rights up to the point of fetal viability.

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