Ohio Abortion Law: Understanding The Legal Complexities

Abortion laws in the US have been a topic of much debate and controversy, with states having varying stances on the issue. Ohio is one such state that has seen its fair share of legal battles over abortion rights. In this ever-changing landscape, what does the current law in Ohio say about abortion? As of now, abortion is legal in Ohio, with providers able to see patients up to 21 weeks and 6 days of gestation. This change came about due to a restraining order placed on the law banning abortion after cardiac activity was detected. However, there are still some restrictions in place, such as a 24-hour waiting period, which abortion providers are seeking to challenge and overturn.

Abortion is legal in Ohio up to the point of fetal viability

The law in Ohio regarding abortion was changed following the November 2023 Ohio Issue 1, which amended the state's constitution to include a right to abortion and other reproductive healthcare. This amendment passed with 57% of the vote and took effect on December 7, 2023.

The amendment allows Ohio to restrict abortion after fetal viability, except when necessary to protect the pregnant patient's life or health. This means that, while abortion is legal in Ohio up to the point of fetal viability, there are some circumstances in which abortion may be permitted after this point.

The amendment also grants legal protections to anyone aiding someone in accessing abortion and allows patients to get same-day abortion procedures, as the 24-hour waiting period has been deemed medically unnecessary and a burden on patients.

The 24-hour waiting period restriction is unconstitutional

On March 29, 2024, the ACLU of Ohio filed a lawsuit on behalf of abortion providers challenging the 24-hour waiting period restriction. The lawsuit argues that the waiting period is unconstitutional under Ohio's Right to Reproductive Freedom with Exceptions for Health and Safety Amendment. This amendment, which took effect on December 7, 2023, guarantees an individual's right to "make and carry out one's own reproductive decisions."

The 24-hour waiting period restriction is medically unnecessary and places an undue burden on patients seeking reproductive healthcare. It requires patients to make two trips to a health center, which can be challenging and costly, especially for those who have to travel long distances or make childcare arrangements. In practice, this restriction often forces patients to wait much longer than 24 hours to receive an abortion, and in some cases, it prevents them from accessing abortion care altogether. No other time-sensitive medical procedures in Ohio are subject to such a waiting period.

The waiting period also perpetuates the discriminatory view that patients do not carefully consider their decisions and do not understand the nature of the procedure. This is a patronizing stereotype that has no place in law. The restriction singles out abortion for differential and unfavorable treatment compared to other medical procedures.

Additionally, the waiting period can cause harm to patients' health and well-being. It delays time-sensitive abortion care and forces patients to receive information that is often irrelevant, harmful, distressing, and stigmatizing. There is no medical justification for this restriction, and it does not advance patient health.

On August 23, 2024, a preliminary injunction was granted against the laws enforcing Ohio's 24-hour waiting period. This means that patients can now get same-day abortion procedures, which is a significant step forward for reproductive freedom in Ohio. However, abortion providers are still pursuing a permanent injunction against the waiting period to ensure that patients can access abortion care without unnecessary barriers.

A heartbeat bill banning abortions after six weeks was challenged in court

Abortion laws in Ohio have been a subject of much debate and legal challenges in recent years. In 2019, the state passed a "fetal heartbeat bill", banning abortions after six weeks of pregnancy. This law was based on model legislation created by Faith2Action, a conservative Christian ministry advocating for abortion restrictions. The bill was first introduced in Ohio in 2011 by anti-abortion activist Janet Porter but failed to pass. However, similar legislation was later proposed and passed in several other states.

The six-week abortion ban, also called a "fetal heartbeat bill" by proponents, makes abortion illegal as early as six weeks into a pregnancy, which is when proponents claim that a "fetal heartbeat" can be detected. However, medical and reproductive health experts, including the American Medical Association and the American College of Obstetricians and Gynecologists, argue that this claim is medically inaccurate and misleading. They assert that a conceptus is not called a fetus until eight weeks after fertilization and that at four weeks after fertilization, the embryo has no heart, only a group of cells that will develop into a heart. These experts advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the heart has developed sufficiently.

The Ohio "fetal heartbeat bill" was signed into law by Governor Mike DeWine in April 2019. However, just days before the law was set to take effect in July 2019, a federal judge temporarily blocked its implementation. The law was challenged in court, with opponents arguing that it violated the right to abortion established by Roe v. Wade. In 2022, the Supreme Court overturned Roe v. Wade, clearing the way for Ohio's six-week abortion ban to go into effect.

In November 2023, Ohio voters passed new constitutional protections for abortion access and reproductive rights, which were set to take effect on December 7. However, the impact of these protections remains uncertain due to existing abortion-related lawsuits that are still moving through the courts. The new amendment does not repeal any existing Ohio abortion laws, and anti-abortion activists are pressuring Republican lawmakers to extend their efforts to halt or water down the new protections. The future of abortion rights in Ohio remains a highly contested issue, with legal challenges and political maneuvering shaping the landscape of abortion access in the state.

Abortion providers are pursuing a permanent injunction against the six-week abortion ban

Abortion laws in Ohio are currently in flux. In November 2023, voters in the state passed a constitutional amendment protecting abortion access and other reproductive rights, which took effect on December 7. However, this amendment did not repeal any existing Ohio laws, and several abortion-related lawsuits are still moving through the courts.

One such lawsuit involves abortion providers' and advocates' pursuit of a permanent injunction against Senate Bill 23 (SB 23), a law banning abortion at approximately six weeks of pregnancy in Ohio. The Hamilton County Court of Common Pleas initially issued a temporary restraining order on September 14, 2022, allowing abortion services to resume in the state. This was followed by a preliminary injunction, which will remain in place for the duration of the case, meaning abortions up to 22 weeks of pregnancy will remain legal in Ohio during the litigation.

The pursuit of a permanent injunction against the six-week abortion ban in Ohio is part of a broader effort by abortion providers and advocates to protect abortion access in the state. They argue that SB 23 is unjust and dangerous, causing chaos and confusion since the U.S. Supreme Court overturned Roe v. Wade. The preliminary injunction provides significant relief to Ohio patients and clinics, and abortion providers are now working to secure a permanent injunction to ensure continued access to abortion services in the state.

The legal battle over the six-week abortion ban in Ohio highlights the ongoing conflict between those seeking to protect abortion access and those seeking to restrict it. While abortion providers and advocates celebrate the preliminary injunction as a victory, anti-abortion activists are pressuring Republican elected officials to extend their efforts to halt or water down the constitutional amendment protecting abortion access. The outcome of the legal battle over the six-week abortion ban will have significant implications for abortion access in Ohio and could set a precedent for similar cases in other states.

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

In November 2023, Ohio voters passed a constitutional amendment protecting abortion access and reproductive rights, which took effect on December 7. The amendment guarantees an individual's right to "make and carry out one's own reproductive decisions" and passed with a strong 57% majority.

This amendment, known as The Right to Reproductive Freedom with Exceptions for Health and Safety Amendment, has restored reproductive rights across the state, allowing abortions up to 21 weeks and 6 days gestation. It has also led to a preliminary injunction against the six-week abortion ban, Senate Bill 23, and the 24-hour waiting period restriction.

However, it is important to note that Ohio has multiple layers of law on abortion, and some pre-amendment restrictions are still in place. Planned Parenthood and the ACLU are advocating for the nullification of these remaining restrictions, including laws prohibiting advanced practice nurses and similar healthcare providers from prescribing abortion medications and a law prohibiting the prescription of mifepristone for off-label use.

The impact of the amendment is still being determined, and existing abortion-related lawsuits are moving through the courts, creating uncertainty about how and when the amendment will be fully implemented. Nonetheless, The Right to Reproductive Freedom with Exceptions for Health and Safety Amendment stands as a strong statement of Ohio voters' commitment to protecting abortion access and reproductive rights.

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