Ohio's Abortion Law: Outlawing Birth Control?

Ohio's abortion laws have been a topic of debate and controversy in recent years, with a focus on the Heartbeat Bill banning abortions after six weeks of gestation. While this law was challenged and blocked by a restraining order in 2022, allowing abortions up to 22 weeks, the state has continued to face criticism for its restrictive abortion laws. The law, which contains no exceptions for rape or incest, has been called draconian and a cruel restriction on reproductive rights. The ongoing legal battle in Ohio reflects a broader national discussion on abortion rights, with the state serving as a testing ground for anti-abortion strategies.

The 24-hour waiting period restriction is unconstitutional

On 23 August 2024, a preliminary injunction was placed against the laws enforcing Ohio's 24-hour waiting period restriction, allowing patients to get same-day abortion procedures. This was the result of a lawsuit filed by the ACLU of Ohio on 29 March 2024, challenging the 24-hour waiting period restriction on the grounds that it is unconstitutional.

The lawsuit argues that the 24-hour waiting period restriction creates an undue burden on patients, preventing them from easily accessing reproductive healthcare. This violates the Right to Reproductive Freedom with Exceptions for Health and Safety Amendment, which protects reproductive choices, including abortion.

The Franklin County Court of Common Pleas granted the request to temporarily block the 24-hour waiting period, along with the in-person visit requirement and the state-mandated information requirements for abortion care. The judge, David C. Young, held that these requirements do not advance patient health and violate the reproductive rights guaranteed by the amendment.

This decision is a significant step towards reproductive freedom in Ohio, as the 24-hour waiting period is medically unnecessary and has been a burden on patients. Abortion providers in Ohio are now pursuing a permanent injunction against the 24-hour waiting period restriction.

Abortion is legal in Ohio up to 22 weeks

Ohio Issue 1 was a response to the US Supreme Court's overturning of Roe v. Wade in June 2022, which allowed states to impose unlimited restrictions on abortion access. The amendment passed with 57% of the vote in an off-year election with high turnout.

The amendment has rendered multiple pre-existing laws restricting abortion access in Ohio unenforceable. These include the 2019 Human Rights and Heartbeat Protection Act, which banned abortions after embryonic cardiac activity was detected (usually between five and six weeks into the pregnancy), and a six-week abortion ban.

The 2019 law included a provision called "Immunity for Pregnant Women", which ensured that pregnant women who underwent abortions after embryonic cardiac activity was detected would not be penalised. However, this immunity did not extend to physicians or doctors who performed such abortions.

In August 2024, a county judge in Ohio blocked the state's 24-hour waiting period for obtaining an abortion, deeming it unconstitutional under Ohio Issue 1. Additionally, a Hamilton County judge struck down two laws that restricted access to mifepristone, a medication commonly used for abortion.

Abortion restrictions in Ohio have caused harm

Barriers to accessing abortion services

Ohio's abortion restrictions have made it difficult for people to access abortion services, even when they are legally entitled to them. For instance, a "heartbeat bill" banned abortions after six weeks of gestation, which often occurs before many people know they are pregnant. This placed immense pressure on individuals, forcing them to act quickly or lose their right to choose.

Criminalization of healthcare professionals

The abortion restrictions in Ohio have also led to the criminalization of healthcare professionals who provide abortion care. Doctors who perform abortions beyond the restricted gestational age face felony charges, creating a chilling effect on abortion provision in the state. This has resulted in a decrease in the number of abortion providers and clinics, further limiting access to safe and legal abortions.

Negative health outcomes

The restrictions have had severe consequences for the health and well-being of Ohio residents. In September 2022, a woman made national news when she nearly bled to death after an Ohio hospital refused to treat her miscarriage, highlighting the dangerous impact of these restrictions. Additionally, cancer patients have been refused abortions, preventing them from receiving potentially life-saving treatment.

Mental health impacts

The restrictions on abortion in Ohio have also taken a toll on the mental health of individuals. There have been reports of several women threatening suicide or self-harm due to their inability to access abortion services. The stress, anxiety, and trauma associated with being denied a legal and safe abortion can have long-lasting mental health implications.

Impact on vulnerable communities

The abortion restrictions disproportionately affect vulnerable communities, including people of color, women, the LGBTQ+ community, and young people. By limiting access to abortion services, these restrictions exacerbate existing inequalities and make it even more difficult for marginalized groups to make their own reproductive choices.

Financial and logistical challenges

Finally, the abortion restrictions in Ohio have resulted in financial and logistical challenges for individuals seeking abortions. With limited clinics and providers, people often have to travel long distances, incurring additional costs and logistical hurdles. This disproportionately affects low-income individuals and those without adequate support systems.

In conclusion, the abortion restrictions in Ohio have caused significant harm to individuals, families, and communities across the state. These restrictions have limited access to safe and legal abortions, criminalized healthcare professionals, negatively impacted health outcomes, affected mental health, disproportionately harmed vulnerable communities, and created financial and logistical challenges for those seeking abortions. It is important to recognize and address these harms to ensure that individuals can make their own reproductive choices and access the healthcare they need.

The ACLU and Planned Parenthood are advocating to nullify pre-amendment restrictions

The American Civil Liberties Union (ACLU) and Planned Parenthood are advocating to nullify pre-amendment restrictions in Ohio. The ACLU is a nonprofit, nonpartisan organisation dedicated to the principles embodied in the Bill of Rights. It has a long history of defending civil liberties in times of national crisis, including one of the worst violations of civil liberties in American history, where law enforcement officials arrested 6,000 suspected radicals, most of them immigrants, without a warrant and engaged in wholesale abuses of the law.

The ACLU has been at the forefront of defending freedom of speech and freedom of the press, as well as advocating for reproductive freedom. In the case of Ohio's abortion laws, the ACLU of Ohio filed a lawsuit on behalf of abortion providers, challenging the 24-hour waiting period restriction. The lawsuit argues that, under the Right to Reproductive Freedom with Exceptions for Health and Safety Amendment, the 24-hour waiting period restriction is unconstitutional as it creates an undue burden on patients, preventing them from easily accessing reproductive healthcare.

Planned Parenthood, which provides a range of family planning services, including counseling, contraceptives, abortion, and preventive health screenings, is also challenging pre-amendment restrictions in Ohio. Planned Parenthood's services are essential for many men and women, and defunding the organisation would jeopardise women's health and disproportionately impact vulnerable populations.

The ACLU and Planned Parenthood are specifically advocating to nullify the following pre-amendment restrictions in Ohio:

• The 24-hour waiting period: This restriction creates an unnecessary burden on patients seeking abortions and has been deemed medically unnecessary.
• Laws prohibiting advanced practice nurses and similar healthcare providers from prescribing abortion medications: These laws limit access to abortion services and potentially delay patient care.
• A law prohibiting the prescription of mifepristone for any off-label use: Mifepristone is commonly used for medication abortion and is currently used in medication abortions up through nine weeks in Ohio.

The efforts of the ACLU and Planned Parenthood to nullify these pre-amendment restrictions are part of a broader fight to protect reproductive freedom and ensure access to safe and reliable family planning services in Ohio.

Ohio's abortion law has multiple layers

In April 2019, Ohio Governor Mike DeWine signed the Human Rights and Heartbeat Protection Act, banning abortion after any embryonic cardiac activity is detected. The only exception to this law is a medical emergency. This law went into effect on June 24, 2022, after the Supreme Court of the United States overturned Roe v. Wade. However, in October 2022, a judge granted a motion for a preliminary injunction against the abortion bans, allowing abortions through 22 weeks of gestation.

In August 2024, a county judge in Ohio blocked the state's 24-hour waiting period for obtaining an abortion, citing that it was unconstitutional. This was followed by another county judge striking down two laws that restricted access to mifepristone, a medication commonly used for abortion.

Currently, abortion is legal in Ohio up to the point of fetal viability, as a result of abortion rights being placed into the Ohio State Constitution by the November 2023 Ohio Issue 1. This means that abortions up to 22 weeks LMP are legal in Ohio.

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