Ohio Court Permanently Blocks State’s Abortion Ban
- October 25, 2024
An Ohio judge issued October 24 a permanent injunction blocking enforcement of the state’s so-called “Heartbeat Act,” which effectively bans abortions after six weeks, finding the law violated the Ohio Constitution.
The order, issued by the Hamilton County Common Pleas Judge Christian A. Jenkins, was expected after voters passed in November 2023 an amendment to the Ohio Constitution protecting the right to an abortion up until the point of fetal viability.
Under S.B. 23, medical providers faced potential felony prosecution for performing abortions after the detection of a fetal heartbeat, which is approximately six weeks after the patient’s last menstrual period, with exceptions in medical emergencies and to protect the life of the mother. The law went into effect after the Supreme Court overturned Roe v. Wade, but was enjoined by the courts several months later.
While the state acknowledged the six-week ban was unconstitutional after the voter-passed amendment, it maintained that other provisions of the law should not be struck down, including making it a fifth-degree felony to perform an abortion without first checking for cardiac activity except in emergencies.
“Ohio voters have spoken. The Ohio Constitution unequivocally protects the right to abortion. The state cannot properly undermine this right unless it satisfies an exception set forth in the amendment by using the least restrictive means to advance the individual’s health in accordance with widely accepted standards of care,” Jenkins said.
Preterm-Cleveland v. Yost, No. A2203203 (Ohio Ct. Cl. Oct. 24, 2024).