An Ohio county judge on Thursday issued a permanent injunction blocking the state from enforcing its “heartbeat” abortion ban. It would be the first time the entire law has been permanently blocked since the state passed the Reproductive Freedom Amendment last year.
Hamilton County Civil Court Judge Christian Jenkins said voters had a say in passing the amendment and he does not intend to grant the state's request to enforce more than a dozen sections of the anti-abortion law.
“Unlike the Attorney General, this court will uphold the Ohio Constitution's protection of abortion rights. It will reflect the will of the people of Ohio,” he wrote.
The lawsuit initially centered on an abortion ban in Ohio that passed the legislature in 2019 and was signed into law by Republican Gov. Mike DeWine. The bill bans abortions after fetal heart activity is detected, usually during the sixth week of pregnancy. Rape and incest were no exceptions.
Although the law had been enacted, it was not enforceable because Roe v. Wade guaranteed the right to abortion. The law went into effect in 2022, shortly after the Supreme Court overturned Roe.
The ban lasted nearly three months until a judge blocked enforcement in September 2022. Then, last year, voters passed an amendment with 57% approval to enshrine the right to abortion in the state constitution, effectively nullifying the law.
However, Attorney General Dave Yost (R) said some provisions of the law remain enforceable despite the changes, such as the 24-hour waiting period and the requirement for two in-person doctor visits before obtaining an abortion. He claimed that there was. Both sides agreed that the six-week ban was unenforceable.
Mr. Jenkins disagreed. She wrote that if the court adopts the state's argument, doctors who provide abortion care will continue to be at risk of felonies, civil claims for wrongful death, and suspension of their medical licenses.
Abortion rights advocates have been fighting against the state since the amendment was passed. Thursday's ruling represents an important victory.
“This significant victory is thanks to the hard work of countless Ohioans who stood up and continued to stand up to protect abortion access in our state. Today, their efforts are paying off and we are proud to announce that “The Reproductive Freedom Amendment correctly ruled that the six-week ban was unconstitutional,” said Kelly, executive director of Abortion Forward, an Ohio group that helped pass the 2023 amendment. Copeland said.
“We are encouraged that the six-week ban that previously denied so many patients in Ohio the option of safe and convenient treatment is finally being lifted. We look forward to continuing our expansion efforts,” Erica said. Wilson Dormer is president and CEO of the Family Planning Association of Greater Ohio.
In a statement to The Hill, Yost's office said the state has up to 30 days to decide on next steps. “We will consider the court's order in accordance with that deadline.”
