Ohio Abortion Law: Effective Date And Impact

Ohio's abortion law has been a contentious issue, with several changes over the years. In 2022, a six-week abortion ban was blocked by a judge, but this ruling was challenged by the Ohio Attorney General, leaving abortion rights in a state of flux. The law, which included a temporary restraining order against the six-week ban, was set to go into effect on December 7, 2023, but existing abortion-related lawsuits have created uncertainty about its implementation. This law, known as the Heartbeat Bill, has been opposed by Planned Parenthood and the ACLU, who are advocating for the nullification of pre-amendment restrictions. The state's abortion law remains a highly debated topic, with ongoing legal challenges and proposed legislation that could impact providers and patients.

The Right to Reproductive Freedom with Protections for Health and Safety

On December 7, 2023, Ohio's new constitutional protections for abortion access and other reproductive rights took effect, a month after voters passed them. The amendment, known as Issue 1, was approved by 57% of voters and guarantees the right to abortion until the point of fetal viability, as well as access to contraception, miscarriage care, and fertility treatment.

The amendment also prohibits the state of Ohio from interfering with this constitutional right unless it can demonstrate that it is using the least restrictive means to advance the individual's health, in accordance with widely accepted and evidence-based standards of care. Additionally, the state is allowed to restrict abortion after fetal viability, which is generally considered to be between 22 and 24 weeks of gestation. However, exceptions can be made when a physician deems abortion necessary to protect the pregnant patient's life or health.

The passage of Issue 1 is a significant development in the ongoing debate over abortion rights in Ohio. Prior to this, abortion laws in the state had become increasingly restrictive, with a "heartbeat bill" banning abortions after six weeks of gestation enacted in 2019. This law, which made no exceptions for rape or incest, was challenged in court and temporarily blocked by a judge in September 2022. The Right to Reproductive Freedom with Protections for Health and Safety has now superseded this law, ensuring that abortion is legal in Ohio up to 22 weeks of gestation.

While the passage of Issue 1 is a victory for abortion rights supporters in Ohio, the fight over access to abortion continues. There are still many abortion laws on the books in Ohio that were not automatically nullified by Issue 1, and ongoing litigation and proposed legislation could impact providers and patients. For example, a 20-week abortion ban passed in 2016, a 2019 prohibition on dilation and extraction (a method commonly used in the second trimester), and a law prohibiting doctors from performing abortions requested due to a Down syndrome diagnosis for the fetus all remain in place.

Reproductive rights advocates expect anti-abortion groups to defend portions of these laws if they are challenged under Issue 1. Additionally, Republican leaders in the state, who mostly opposed Issue 1, have indicated their intention to pursue legislation that could curb access to abortion even as it remains legal.

The implementation of Issue 1 and its impact on existing abortion laws in Ohio will be closely watched by both supporters and opponents of abortion rights in the state and across the country.

Abortion rights supporters celebrate winning the referendum

On November 7, 2023, abortion rights supporters in Ohio celebrated a significant victory as the results of a referendum on reproductive rights were announced. With a strong 57% majority, voters in the state approved Issue 1, a constitutional amendment that enshrined the right to abortion until the point of fetal viability, as well as guaranteeing access to contraception, miscarriage care, and fertility treatment. This victory was particularly sweet for abortion rights advocates, coming just over a year after the U.S. Supreme Court ended the nationwide right to abortion.

The referendum result meant that, as of December 7, 2023, abortion was legal in Ohio up to 22 weeks' gestation, marking a significant shift from the state's previous six-week ban. The amendment also provided exceptions for abortions after fetal viability if a physician deemed it necessary to protect the pregnant patient's life or health. This was a return to the status quo before the Supreme Court's Dobbs v. Jackson Women's Health Organization decision in June 2022, which had overturned Roe v. Wade and allowed states to impose restrictions on abortion access.

The celebration among abortion rights supporters was not just about the referendum result but also the fact that their voices had been heard. The campaign for Issue 1, led by Ohioans United for Reproductive Rights, a coalition of statewide organizations, had gathered over 700,000 signatures to get the measure on the ballot. This demonstrated a strong commitment to protecting reproductive rights and ensuring that Ohioans could make their own reproductive decisions.

However, even with this victory, abortion rights supporters knew the fight was not over. Ohio still had many abortion laws on the books, and some Republican legislators were already exploring ways to undermine or restrict abortion access. For example, the state's six-week abortion ban, which had been put on hold by the courts before the amendment passed, was being litigated, and other laws restricting abortion access remained in place. Nevertheless, the approval of Issue 1 sent a clear message that Ohio voters valued reproductive rights and were willing to take a stand to protect them.

The victory in Ohio was part of a broader trend of statewide wins for supporters of abortion access since the Supreme Court overturned Roe v. Wade. It also had implications for the 2024 elections, with Democrats aiming to use the issue to drive turnout and shape the political landscape. The success of Issue 1 demonstrated the power of grassroots organizing and the importance of reproductive rights as a salient issue in American politics.

A temporary restraining order against the six-week abortion ban

On September 14, 2022, a temporary restraining order (TRO) was granted by the Hamilton County Court of Common Pleas against Senate Bill 23 (S.B. 23), a law banning abortion starting at approximately six weeks of pregnancy. Abortions up to 22 weeks are now legal in Ohio, effective immediately.

The TRO came twelve days after Planned Parenthood Federation of America, the American Civil Liberties Union (ACLU), the ACLU of Ohio, and the law firm WilmerHale filed for immediate relief to restore abortion access in the state, which had been severely restricted since S.B. 23 took effect in June 2022.

The ruling stated that "No great stretch is required to find that Ohio law recognizes a fundamental right to privacy, procreation, bodily integrity, and freedom of choice in health care decision-making." The judge also found that under S.B. 23, women, and particularly pregnant women, are denied equal protection of the law with respect to these fundamental rights, which effectively denies them access to safe and potentially life-saving health care.

The ACLU, ACLU of Ohio, Planned Parenthood, and WilmerHale filed the lawsuit on behalf of several abortion providers and an individual abortion provider to protect the right to abortion under the Ohio Constitution.

The temporary restraining order was followed by a preliminary injunction on October 7, 2022, which blocked the six-week abortion ban for the duration of the case. However, the Republican-controlled Ohio Supreme Court is now considering whether to lift that injunction. If the injunction is lifted, Ohio's six-week abortion ban will be reinstated.

In November 2023, Ohio voters passed Issue 1, a constitutional amendment protecting abortion access and other reproductive rights, which took effect on December 7, 2023. This amendment enshrined the right to abortion until the point of fetal viability and access to contraception, miscarriage care, and fertility treatment in Ohio's Constitution.

While Issue 1 was a victory for abortion rights supporters, there are still many abortion laws on the books in Ohio that weren't automatically nullified by the amendment. The six-week abortion ban, which is currently being litigated, is one such example. The Ohio Supreme Court has asked both sides of the case to submit briefs on Issue 1's impact on the ban.

The fight over abortion access in Ohio continues, with proposed legislation and pending litigation that could impact providers and patients. Anti-abortion groups are expected to defend portions of existing abortion laws if they are challenged under Issue 1.

The Right to Reproductive Freedom with Exceptions for Health and Safety Amendment

This amendment came in response to a 2019 trigger law, which was enacted after the Supreme Court overturned Roe v. Wade, banning all abortions after six weeks with no exceptions for rape or incest. The Right to Reproductive Freedom with Exceptions for Health and Safety Amendment allows Ohioans to "make and carry out their own reproductive decisions" up to the point of fetal viability, which is generally considered to be between 22 and 24 weeks of gestation.

The amendment also grants exceptions for later abortions to protect the life of the pregnant individual and provides legal protections for anyone aiding someone in accessing abortion. In addition, it ensures access to contraception, miscarriage care, and fertility treatment.

While The Right to Reproductive Freedom with Exceptions for Health and Safety Amendment is now in effect, there is still uncertainty about how and when it will be implemented due to existing abortion-related lawsuits. There are also concerns that Republican lawmakers, who hold a majority in the state, may attempt to pass laws countering the amendment or use their supermajorities to strip courts of their power to interpret it.

Ohio has a complex history of abortion laws, with multiple layers of legislation passed over the decades. Prior to the amendment, abortion was banned after any embryonic cardiac activity was detected, with limited exceptions. This "heartbeat bill" faced legal challenges, and other pre-amendment restrictions, such as a 24-hour waiting period and laws prohibiting advanced practice nurses from prescribing abortion medications, are also being contested in court.

Despite these ongoing legal battles, the passage of The Right to Reproductive Freedom with Exceptions for Health and Safety Amendment in Ohio marks a significant victory for supporters of abortion access and reproductive rights. It remains to be seen how this amendment will be fully implemented and what impact it will have on the broader fight for reproductive freedom in the United States.

The Supreme Court hears oral arguments in FDA vs. Alliance for Hippocratic Medicine

On March 26, 2024, the Supreme Court heard oral arguments in the case of FDA vs. Alliance for Hippocratic Medicine. The Alliance for Hippocratic Medicine, an anti-abortion group, argued that the current regulations regarding Mifepristone, a medication commonly used for medication abortions, were unsafe. Mifepristone can also be used in miscarriage management. A ruling in this case is expected later in the year.

The date of this hearing is significant as it comes amidst ongoing debates and legal battles over abortion rights in Ohio. In June 2022, the Supreme Court overturned Roe v. Wade, which had previously protected abortion rights nationwide. Following this, Ohio passed a "heartbeat bill" banning abortions after six weeks of gestation with no exceptions for rape or incest. This law went into effect on June 24, 2022, but was challenged in court and a preliminary injunction was granted on October 7, 2022, allowing abortions up to 22 weeks to continue.

In November 2023, Ohio voters passed a referendum, known as Issue 1, to amend the state constitution and restore abortion rights. This amendment went into effect on December 7, 2023, and abortions up to fetal viability (around 22-24 weeks) are now legal in Ohio. However, there are still multiple layers of law on abortion in the state, and existing abortion-related lawsuits continue to create uncertainty about how and when the amendment will be fully implemented.

While Republican leaders have backed off from immediate plans to undermine the amendment, there is ongoing litigation and proposed legislation that could impact abortion access in Ohio. For example, a 20-week abortion ban passed in 2016, and a 2019 prohibition on dilation and extraction, a method commonly used for second-trimester abortions, remain in place. Additionally, a law prohibits doctors from performing abortions if the fetus has been diagnosed with Down syndrome.

The ongoing legal and political battles over abortion rights in Ohio highlight the complexity and divisiveness of the issue, with both supporters and opponents of abortion rights advocating for their respective positions.

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