COLUMBUS, Ohio — Ohio’s six-week abortion ban is unconstitutional and cannot be enforced, a court has ruled. In a ruling issued Thursday afternoon, Hamilton County Judge Christian Jenkins struck down the ban, with no exceptions for rape or incest.
The ruling comes after voters chose to legalize and protect access to reproductive rights in November 2023.
Abortion rights supporters rejoice over the passage of the first bill.
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“Ohio voters have spoken,” Jenkins wrote. “The Ohio Constitution currently clearly protects the right to abortion.”
The first measure passed in November 2023 with a vote of 57% to 43%, enshrining reproductive rights in the state constitution. The law says Ohio residents have the right to make their own decisions about abortion, contraception, infertility treatment, treatment for miscarriage, and continuation of a pregnancy. States are prohibited from preventing or punishing anyone from exercising this right.
Ohio’s six-week ban was signed in 2019 but was blocked by a judge. When Roe v. Wade was overturned in 2022, Ohio reinstated the law, resulting in a ban that took nearly three months to take effect until it was blocked by Jenkins. He has kept it on hold ever since.
Referring to the Dobbs decision that overturned Roe, Jenkins brought up the “myth” that Republicans would actually let “states” decide on reproductive health care. This “hasn’t been the case in Ohio,” Jenkins said.
“Despite the adoption of broad and strongly worded constitutional amendments, in this and other cases, Ohio has weakened and restricted abortion rights rather than upholding constitutional protections for abortion rights. “I’m trying to do that,” the judge continued. “Unlike the Ohio Attorney General, this court upholds the Ohio Constitution’s protection of the right to abortion. The will of the people of Ohio will be given this effect.”
I am awaiting a response from the Attorney General’s Office as to whether it plans to appeal this decision.
“In November, Ohioans unequivocally rejected politicians’ attempts to ban abortion. Today’s ruling protects the right of all people in our state to make decisions about their own personal medical decisions. “This is a step in the right direction,” said Erica Wilson Dormer. , President and CEO of Greater Parenthood of Ohio. “We are encouraged that the six-week ban that previously denied so many patients in Ohio the option of receiving safe and convenient care has finally been lifted. Expanding access to abortion for all I look forward to continuing our efforts.”
This is the third court decision to cite Issue 1. In August, a Columbus judge blocked a state law requiring a 24-hour waiting period to receive an abortion, meaning clinics could provide same-day services. In September, a Cincinnati judge’s ruling allows clinics around Ohio to prescribe the abortion drug mifepristone virtually, allowing it to be delivered directly to pharmacies or homes through mail-order drug services.
But the fight for abortion supporters is far from over.
“This is an important ruling because it means tens of thousands of patients in the Buckeye State and surrounding areas will continue to have access to safe and legal abortion care,” said Kelly Copeland of Abortion Forward. Because I will.” “However, we anticipate that opponents will challenge this lawsuit and that it will ultimately be argued in the state Supreme Court.”
The three pro-abortion decisions will come from state courts, but the final decision will be made by the Ohio Supreme Court. This essentially means abortion will be on the ballot again this fall.
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“If there is no change in the state Supreme Court, it is likely that the court will overturn decisions like this one,” Copeland added.
Advocates are going to court to remove dozens of restrictions after voters chose to protect access to abortion. So far, they have won in lower courts, including overturning injunctions on telemedicine prescriptions, but all of these cases will ultimately end up in the Supreme Court.
Republicans currently hold a 4-3 majority on the court, but three races will determine its future makeup.
Democratic Chief Justice Melody Stewart will defend her seat from Justice Joe Deters. He chose to vacate his seat to run in her place.
Democratic Judge Michael Donnelly faces Republican Judge Megan Shanahan of Cincinnati.
Democratic Judge Lisa Forbes of Cleveland and Republican Judge Dan Hawkins of Columbus are vying for the remaining open seats.
On the issue of abortion regulation, all Democrats were backed by Planned Parenthood, while Ohio Right to Life sided with Republicans.
The governor’s office said it had no comment on the ruling.
This is a developing story and will be updated.
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