Stopping Ohio Abortion Laws: Strategies For Action And Resistance

Abortion laws in Ohio have been subject to much debate and legal challenges in recent years. While abortion is currently legal in Ohio, there have been several attempts to restrict access and enforce stricter laws. In 2022, a six-week abortion ban was temporarily blocked by a lower court, restoring reproductive rights across the state. However, Ohio has multiple layers of law on abortion, and organisations like Planned Parenthood and the ACLU are working to nullify pre-amendment restrictions. With ongoing legal battles and changing legislation, the future of abortion access in Ohio remains uncertain.

Challenging the 24-hour waiting period restriction

On March 29, 2024, the ACLU of Ohio filed a lawsuit challenging the 24-hour waiting period restriction on abortion in the state. The lawsuit was filed on behalf of abortion providers, including Preterm-Cleveland, Planned Parenthood Southwest Ohio Region, and Women's Med Group Professional Corporation. The lawsuit argues that the 24-hour waiting period restriction is unconstitutional as it creates an undue burden on patients, preventing them from easily accessing reproductive healthcare. The restriction often forces patients to wait much longer than 24 hours and, in some cases, prevents them from receiving an abortion altogether. This is because patients are required to make two trips to a health center to receive state-mandated information that is often harmful, distressing, and stigmatizing.

The lawsuit argues that this restriction violates Ohio's constitutional right to reproductive freedom, which was passed on November 7, 2023. Ohio is one of four states that have amended their constitutions to include a fundamental right to abortion. The restriction also goes against the Right to Reproductive Freedom with Exceptions for Health and Safety Amendment.

On August 23, 2024, a preliminary injunction was granted against the laws enforcing Ohio's 24-hour waiting period. The Franklin County Court of Common Pleas ruled that the 24-hour waiting period, the in-person visit requirement, and the state-mandated information requirements for abortion care do not advance patient health and violate the reproductive rights guaranteed by the amendment. This ruling means that patients in Ohio can now access same-day abortion procedures.

Ohio abortion providers are pursuing a permanent injunction against the 24-hour waiting period to ensure that patients can continue to access abortion care without unnecessary delays and restrictions.

Nullifying pre-amendment restrictions

Legal Challenges

Planned Parenthood and the ACLU are actively advocating in court to have pre-amendment restrictions nullified. They are challenging a 24-hour waiting period, laws prohibiting advanced practice nurses and similar healthcare providers from prescribing abortion medications, and laws prohibiting the prescription of mifepristone for off-label use. These legal challenges aim to demonstrate that these restrictions create an undue burden on patients, preventing them from easily accessing reproductive healthcare, and thus violating their constitutional rights.

Injunctions

In addition to legal challenges, abortion providers in Ohio have pursued injunctions against restrictive laws. For example, in September 2022, a temporary restraining order was granted against Senate Bill 23, a law banning abortion after approximately six weeks of pregnancy. This restraining order was followed by a preliminary injunction that blocked the law for the duration of the case. In August 2024, a county judge in Ohio blocked the state's 24-hour waiting period for obtaining an abortion, and two laws restricting access to mifepristone were also struck down. These injunctions provide immediate relief while the legal challenges against these restrictions play out in court.

Ballot Initiatives and Constitutional Amendments

In November 2023, Ohio voters approved a constitutional amendment known as Issue 1, which guarantees the right to abortion and other forms of reproductive healthcare. This amendment effectively nullified pre-amendment restrictions on abortion by establishing the right to make and carry out one's own reproductive decisions. The approval of Issue 1 was a significant victory for reproductive rights and undid many restrictive abortion laws passed by the Republican-controlled legislature in recent years.

Blocking the six-week abortion ban

In September 2022, a temporary restraining order was granted against the six-week abortion ban in Ohio, restoring reproductive rights across the state. This was the result of legal action taken by reproductive rights organizations, including Planned Parenthood Federation of America, the American Civil Liberties Union (ACLU), the ACLU of Ohio, and the law firm WilmerHale. The restraining order was put in place for 14 days, after which the plaintiffs requested a preliminary injunction to block the law for the duration of the case.

The six-week abortion ban, known as Senate Bill 23 (S.B. 23), was passed in 2019 and went into effect in June 2022 after the Supreme Court overturned Roe v. Wade. The law bans abortion starting at approximately six weeks of pregnancy, which is often before many women know they are pregnant. The ban includes no exceptions for rape or incest, and has been described as an extremist measure that caused chaos and confusion in the state.

The Hamilton County Court of Common Pleas granted the temporary restraining order, stating that "Ohio law recognizes a fundamental right to privacy, procreation, bodily integrity, and freedom of choice in healthcare decision-making." The judge's order also highlighted that S.B. 23 denies women, especially pregnant women, equal protection under the law, effectively denying them access to safe and potentially life-saving healthcare.

The restraining order and subsequent injunction are important steps in blocking the six-week abortion ban in Ohio. However, as of October 2024, abortion providers are still pursuing a permanent injunction against the ban. It is crucial to remain vigilant and continue advocating for reproductive rights to ensure that similar restrictive laws do not come into effect in the future.

Allowing same-day abortion appointments

The 24-hour waiting period was previously a significant burden for patients, particularly those who had to travel long distances to access abortion services. The waiting period was also medically unnecessary, as abortion is a simple and safe procedure. The same-day appointment ruling is in line with the Right to Reproductive Freedom with Exceptions for Health and Safety Amendment, which protects a woman's right to access abortion services.

While this ruling is a positive step, it is important to note that same-day abortion appointments may not be available at every clinic and are subject to availability. Additionally, abortion laws in Ohio remain restrictive, with multiple layers of legislation passed over the decades. For example, Ohio's "heartbeat bill" bans abortions after six weeks of gestational age, with almost no exceptions.

Abortion providers in Ohio are pursuing a permanent injunction against the 24-hour waiting period, as well as the six-week abortion ban. The ACLU of Ohio and Planned Parenthood are also advocating to have other pre-amendment restrictions nullified, such as laws prohibiting advanced practice nurses from prescribing abortion medications and restricting the use of mifepristone for medication abortions.

The fight for reproductive rights in Ohio continues, with ongoing legal challenges and efforts to expand access to abortion services.

Legalising medication abortions

Medication abortions are a safe and effective way to terminate a pregnancy. In Ohio, abortion is legal up to the point of fetal viability, and medication abortions can be used up to nine weeks into a pregnancy. However, there are still restrictions in place that limit access to medication abortions. For instance, laws prohibit advanced practice nurses and similar healthcare providers from prescribing abortion medications.

To legalise medication abortions in Ohio, the following steps could be taken:

Challenge Restrictive Laws in Court

The American Civil Liberties Union (ACLU), Planned Parenthood, and other organisations have been advocating in court to nullify restrictions on medication abortions. They argue that these restrictions violate the Ohio Constitution, which now includes an explicit right to abortion. By challenging these laws in court, they aim to increase access to safe and effective medication abortions.

Advocate for Healthcare Provider Rights

One of the main restrictions on medication abortions in Ohio is the law prohibiting advanced practice clinicians, such as physician assistants, nurse practitioners, and certified nurse midwives, from providing medication abortions. By advocating for the rights of these healthcare providers to prescribe abortion medications, access to medication abortions can be expanded. This would allow more qualified medical professionals to offer this safe and effective option to their patients.

Address Outdated Drug Labelling

Another challenge to medication abortions in Ohio is the law that blocks providers from prescribing mifepristone, one of the two drugs most commonly used in medication abortions. Instead of following the best medical evidence, providers are required to follow outdated drug labelling. By addressing this issue and allowing providers to prescribe mifepristone based on current medical knowledge, access to medication abortions can be improved.

Extend the Gestational Limit for Medication Abortions

Currently, Ohio law restricts the use of medication abortions to 70 days or 10 weeks of pregnancy, despite extensive evidence that it can be safely and effectively used up to at least 11 weeks. By extending the gestational limit for medication abortions, more people will be able to choose this option and have safe and effective care.

Educate the Public on Medication Abortions

Medication abortions are safe and effective, accounting for nearly two-thirds of abortions in the United States. By educating the public about the safety and benefits of medication abortions, support for legalising this option can be increased. This can include sharing information about the high success rates and low risk of complications associated with medication abortions.

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