Ohio's Abortion Ban: Six-Week Law Explained

Ohio's six-week abortion ban, also known as the Heartbeat Bill, has been a highly contested issue in the state. The law, which prohibits abortions after the detection of embryonic cardiac activity, usually occurring between five or six weeks into a pregnancy, has faced significant legal challenges and sparked widespread debate. The ban includes a medical emergency exception but makes no exceptions for cases of rape, incest, or fetal inviability. While the law was initially blocked by courts, it went into effect in June 2022 after the Supreme Court overturned Roe v. Wade. However, a temporary restraining order was granted in September 2022, restoring abortion access up to 22 weeks in Ohio. The state's abortion rights supporters celebrated this victory, but the battle over abortion access in Ohio continues.

The 6-week abortion ban was temporarily blocked by a judge in September 2022

On September 14, 2022, a judge from the Hamilton County Court of Common Pleas granted a temporary restraining order (TRO) against Ohio's Senate Bill 23 (S.B. 23), a law banning abortion starting at approximately six weeks of pregnancy. The ruling came 12 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. The temporary restraining order was in place for 14 days, and the plaintiffs asked the court to enter a preliminary injunction to block the law for the duration of the case.

The judge's order 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 order also found that under S.B. 23, women, especially pregnant women, are denied equal protection of the law with respect to these fundamental rights, effectively denying them access to safe and potentially life-saving healthcare.

The ACLU, ACLU of Ohio, Planned Parenthood, and WilmerHale filed the lawsuit on behalf of several abortion providers and doctors in Ohio to protect the right to abortion under the state's constitution. The lawsuit came more than two months after S.B. 23 took effect on June 24, 2022, causing a crisis across the state.

The temporary block on Ohio's six-week abortion ban was a significant development, as it restored reproductive rights for people in the state, even if only temporarily. It also highlighted the ongoing legal battles and the chaotic landscape of abortion rights in the United States following the Supreme Court's decision to overturn Roe v. Wade in June 2022.

The ACLU of Ohio has been defending abortion access across the state through the courts for decades

The ACLU of Ohio has been at the forefront of defending abortion access in the state through legal challenges for decades. The organisation has played a pivotal role in campaigns and court cases to protect reproductive freedom.

In 2022, the ACLU of Ohio, along with the American Civil Liberties Union, Planned Parenthood Federation of America, and the law firm WilmerHale, filed a lawsuit in the Hamilton County Court of Common Pleas against Senate Bill 23 (S.B. 23). This law banned abortions after approximately six weeks of pregnancy and had caused a crisis in the state since it was passed in 2019 and took effect in June 2022. The ACLU of Ohio argued that S.B. 23 denied women, especially pregnant women, equal protection under the law with respect to privacy, procreation, bodily integrity, and freedom of choice in healthcare decision-making. The Hamilton County Court of Common Pleas granted a temporary restraining order against S.B. 23, restoring abortion access up to 22 weeks LMP in Ohio.

The ACLU of Ohio has also been involved in other legal challenges to protect abortion access in the state. They have challenged the Lebanon Abortion Ban, which not only outlawed abortion within city limits but also criminalised those who spoke about abortion or 'aided and abetted' an abortion, violating the First and Fourteenth Amendment rights. Additionally, they have opposed the TRAP Law (SB 157), which would allow the revocation of ambulatory surgical licenses and threaten procedural abortion services, and the Fetal Tissue Disposal Bill (SB 27), which mandates burial or cremation of fetal tissue from surgical abortions, imposing unnecessary burdens on those seeking abortion care.

The ACLU of Ohio has consistently advocated for reproductive rights and freedom, including access to safe and legal abortion, birth control, unbiased sex education, and the right to bear a child. They were a proud member of the Ohioans United for Reproductive Rights campaign, a statewide coalition that successfully amended the Ohio Constitution to protect reproductive freedom. The organisation continues to educate and litigate to protect the reproductive rights of Ohioans, particularly those from marginalised communities who have been disproportionately affected by restrictions on abortion access.

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

The amendment restores the right to abortion until the point of fetal viability, as well as access to contraception, fertility treatment, and miscarriage care. It establishes a state constitutional right for individuals to "make and carry out one's own reproductive decisions," which includes the right to continue a pregnancy. The amendment also allows the state to restrict abortion after fetal viability, which is generally considered to be between 22 and 24 weeks of gestation.

Despite the passage of Issue 1, abortion rights supporters remain vigilant as Republican leaders in the state have proposed legislation and litigation that could impact the scope of abortion access. For example, a 20-week abortion ban passed in 2016, a 2019 prohibition on dilation and extraction, and a law prohibiting abortions requested due to a Down syndrome diagnosis remain in place and are being litigated.

The fight over abortion access in Ohio continues, with reproductive rights organizations committed to defending and expanding abortion rights in the state.

The Ohio Supreme Court heard procedural arguments in September 2022

In September 2022, the Ohio Supreme Court heard procedural arguments in the case of Preterm-Cleveland v. David Yost. The case involved a legal challenge to Senate Bill 23 (S.B. 23), a law that banned abortion in Ohio after approximately six weeks of pregnancy. The American Civil Liberties Union (ACLU), the ACLU of Ohio, Planned Parenthood, and the law firm WilmerHale filed a lawsuit on behalf of several abortion providers and physicians, arguing that S.B. 23 violated the Ohio Constitution.

The Hamilton County Court of Common Pleas granted a temporary restraining order against S.B. 23, allowing abortions up to 22 weeks to be performed in the state. The judge's order highlighted the denial of equal protection and access to safe and legal healthcare that S.B. 23 imposed on women, particularly pregnant women. The ruling was a significant development as it restored reproductive rights across Ohio, which had been severely restricted since S.B. 23 took effect in June 2022.

The plaintiffs in the case sought to block the law for the duration of the legal challenge, and the next step was to request a preliminary injunction. The case attracted attention and commentary from public figures and highlighted the ongoing debate and legal battles surrounding abortion rights in Ohio and the United States.

The 6-week abortion ban was initially blocked in May 2019

The 6-week abortion ban in Ohio, also known as the "Heartbeat Bill", was initially blocked in May 2019. This ban, which prohibited abortions after the detection of embryonic cardiac activity, was signed into law by Governor Mike DeWine on April 11, 2019, and was set to take effect in July 2019. However, just two months after the bill was signed, a federal judge temporarily blocked the state officials and county prosecutors from enforcing the prohibition. This injunction allowed abortions to continue up to 22 weeks of gestation, which was the state law before the ban.

The temporary restraining order was a result of a lawsuit filed by reproductive rights organizations, including the American Civil Liberties Union (ACLU), Planned Parenthood, and the law firm WilmerHale. The lawsuit argued that the 6-week abortion ban severely restricted access to reproductive health care in the state and denied women equal protection under the law. The judge's order highlighted the denial of "access to a well-established, safe, and potentially life-saving health care" due to the ban.

The successful challenge against the 6-week abortion ban in Ohio was significant as it restored reproductive rights across the state and ensured that abortions up to 22 weeks of pregnancy remained legal. This victory was short-lived, however, as the ban went into effect in June 2022 after the Supreme Court overturned Roe v. Wade. Nevertheless, the initial blocking of the ban demonstrated the commitment of reproductive rights organizations and their willingness to take legal action to protect abortion access in Ohio.

The 6-week abortion ban in Ohio has faced ongoing legal challenges, with reproductive rights organizations continuing to fight for abortion access in the state. In September 2022, the Hamilton County Court of Common Pleas granted a temporary restraining order against the ban, once again restoring abortion access up to 22 weeks. This was followed by a preliminary injunction in October 2022, ensuring that the ban remained blocked for the duration of the legal case. Despite these legal victories, the ongoing battle over abortion rights in Ohio underscores the volatile nature of reproductive rights in the state and the country.

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