Ohio's Abortion Trigger Law: What You Need To Know

Ohio's abortion laws have been subject to much debate and legal challenges in recent years, with the state's \heartbeat bill\ banning abortions after six weeks of gestation being a particularly contentious issue. While this bill was initially blocked by federal courts, it was later allowed to take effect following the Supreme Court's reversal of Roe v. Wade in June 2022. However, in November 2023, Ohio Issue 1 was passed, amending the state constitution to include a right to abortion and other reproductive healthcare, effectively legalizing abortions up to fetal viability. This has been a significant development in the ongoing battle over abortion rights in Ohio, with ongoing legal challenges and political campaigns from both supporters and opponents of abortion access.

Ohio's trigger law banning abortions after six weeks of pregnancy was temporarily blocked by a judge in September 2022

S.B. 23 bans abortion starting at approximately six weeks of pregnancy, which is often before a person knows they are pregnant. The law includes a "heartbeat bill" provision, which prohibits abortion after embryonic cardiac activity is detected, usually between five and six weeks into a pregnancy. There are no exceptions made for cases of rape, incest, or fetal inviability. The only exception is a medical emergency, defined as a "serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman."

The temporary restraining order (TRO) against S.B. 23 was granted by the Hamilton County Court of Common Pleas on September 14, 2022. The court found that the law denied women, especially pregnant women, equal protection under Ohio law regarding their right to privacy, procreation, bodily integrity, and freedom of choice in healthcare decision-making. The TRO was in place for 14 days, after which the plaintiffs asked the court to enter a preliminary injunction to block the law for the duration of the case.

The blocking of the six-week abortion ban in Ohio restored abortion access up to 22 weeks LMP in the state. However, abortion access in Ohio is still not settled law, as the Ohio Attorney General, Dave Yost, has challenged the ruling. The Ohio Supreme Court heard procedural arguments in September 2022 and could issue a ruling at any time. If the Court rules in favor of the state, the six-week abortion ban will be reinstated, making abortion after six weeks of pregnancy illegal in Ohio.

The state's trigger law was challenged in court by the ACLU of Ohio and partners, who argued it denied equal protection of the law to women

Ohio's trigger law, banning abortions after six weeks of pregnancy, was challenged in court by the ACLU of Ohio and partners. They argued that the law denied equal protection of the law to women, infringing on their fundamental right to privacy, procreation, bodily integrity, and freedom of choice in healthcare decision-making.

The ACLU of Ohio has been defending abortion access across the state through the courts for decades. The organisation has been a pivotal part of campaigns to protect reproductive freedom and abortion access in Ohio. In November 2023, Ohioans voted to amend the state constitution to protect these rights, with the ACLU of Ohio playing a key role in this campaign.

The ACLU of Ohio, along with other reproductive rights organisations, filed a lawsuit in the Ohio Supreme Court to block the six-week abortion ban (SB 23) and restore abortion access in the state. The law was deemed to cause "`irreparable harm to Ohioans." The lawsuit was initially filed in the state Supreme Court in June 2022, but was later withdrawn, and the lower court was asked to grant immediate relief by blocking the ban.

On October 7, 2022, the Hamilton County Court of Common Pleas granted a preliminary injunction against SB 23, restoring abortion access in Ohio. The ACLU of Ohio and partners continue to fight for meaningful access to abortion care for anyone who needs it in the state.

The Ohio Supreme Court heard procedural arguments in September 2022 and could issue a ruling at any time

Ohio's abortion laws have been in flux since the US Supreme Court's decision to overturn Roe v. Wade in June 2022. This decision removed the constitutional right to abortion and allowed states to regulate the issue.

Ohio's "heartbeat" abortion ban, passed in 2019, was one of the first laws to be affected by this change. The law bans abortions after a fetal heartbeat is detected, which can occur as early as six weeks into a pregnancy. This law had been blocked by federal courts until the overturning of Roe v. Wade, at which point Ohio Attorney General Dave Yost successfully filed a motion to dissolve the injunction.

However, this law was soon challenged. In September 2022, abortion providers filed a lawsuit in the Hamilton County Court of Common Pleas, seeking to block the law. This court granted a temporary restraining order and later a preliminary injunction, allowing abortions up to 22 weeks LMP.

The state of Ohio, represented by Attorney General Yost, has challenged this ruling, and the case is now before the Ohio Supreme Court. The Court heard procedural arguments in September 2022 and could issue a ruling at any time. If the Court rules in favour of the state, the six-week abortion ban will resume.

If the Court rules in favour of the state, the six-week abortion ban will resume, making abortions after six weeks of pregnancy illegal

Ohio's abortion laws have gone through several changes in the past few years. The state's "heartbeat bill", which bans abortions after the detection of embryonic cardiac activity, was passed in 2019 but was blocked by federal courts until June 24, 2022, when the Supreme Court overturned Roe v. Wade. This law, which went into effect on June 24, 2022, bans abortions after six weeks of pregnancy, before many women know they are pregnant, and contains no exceptions for rape or incest.

However, on September 14, 2022, a judge blocked the six-week abortion ban, restoring abortion access in Ohio. The ACLU of Ohio and partners challenged the law, and the Hamilton County Court of Common Pleas granted a preliminary injunction, allowing abortions up to 22 weeks LMP to be performed in the state.

The state of Ohio, represented by Ohio Attorney General Dave Yost, has challenged this ruling, and the case is currently under review with the Ohio Supreme Court. If the Court rules in favour of the state, the six-week abortion ban will resume, making abortions after six weeks of pregnancy illegal. This will include pregnancies resulting from rape or incest.

The trigger law was passed in 2019 but was temporarily blocked by federal courts until the Supreme Court's reversal of Roe v. Wade in June 2022

Ohio's "heartbeat" abortion ban, also known as the Human Rights and Heartbeat Protection Act, was passed in 2019. This law bans abortion after any embryonic cardiac activity is detected, which can occur as early as six weeks into a pregnancy. However, the law was temporarily blocked by federal courts until the Supreme Court's reversal of Roe v. Wade in June 2022.

The law was initially blocked by a federal judge as it was deemed unconstitutional under Roe v. Wade, which guaranteed abortion access as a constitutional right. However, following the Supreme Court's reversal of Roe v. Wade, Ohio Attorney General Dave Yost filed a motion to dissolve the injunction, which was approved by a judge. This meant that the "heartbeat" abortion ban could take effect in Ohio.

The law includes a section called "Immunity of pregnant woman", which overrides penalties for women who undergo abortions after embryonic cardiac activity is detected. However, this release of penalties does not extend to physicians or doctors who perform abortions after this point. The only exception to the law is 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 passage of the "heartbeat" abortion ban in Ohio is part of a broader trend of state-level efforts to restrict abortion access following the confirmation of Brett Kavanaugh as a Supreme Court judge. Ohio is one of several states that have introduced so-called "trigger laws" or "trigger bans", which are designed to ban abortion in the event that Roe v. Wade is overturned. These laws have faced legal challenges and have had varying levels of success in the courts.

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