A 2019 law banning most abortions in Ohio is unconstitutional following last year’s abortion referendum, the state’s Republican attorney general said in a court filing Monday.
The lawsuit comes after the abortion clinic asked a Hamilton County judge to repeal the law after Ohio voters voted last November to enshrine the right to abortion in the state constitution. It was received and carried out.
Ohio voters approve amendment to enshrine abortion in state constitution
They argue that the law, which bans most abortions if fetal heart activity is detected, is invalid under the new constitutional amendment. Attorney General Dave Yost agreed in large part.
Ohio Republican Attorney General Dave Yost said Monday in response to the abortion referendum that a law banning most abortions in Ohio is unconstitutional. (AP Photo/Tony Dejak)
However, the attorney general asked the court to strike down only the law’s “core prohibition” – the ban on abortions after six weeks – and leave the other parts in place. This includes requiring doctors to check for a heartbeat and notify patients, and documenting the reason for the abortion. In his filing, Yost said the plaintiffs have not shown how such provisions violate the Constitutional Amendment.
A spokesperson for Mr. Yost’s office said in an email that the state “respects the will of the people,” but also has an obligation to prevent overreach and protect parts of the law not addressed by the proposed amendment. said.
In an emailed statement, Frieda Levenson, legal director for the American Civil Liberties Union of Ohio, called the continued litigation “a bunch of nonsense about unrelated matters.” did not agree that was ever an issue.
“This case needs to end. Stick your fork in it,” she said in a statement.
A law signed by Republican Gov. Mike DeWine in April 2019 banned most abortions after the first detectable “fetal heartbeat.” Heart activity can be detected as early as the sixth week of pregnancy, before many women even realize they are pregnant.
CLICK HERE TO GET THE FOX NEWS APP
The ban was initially blocked by a federal challenge, but it briefly went into effect when the landmark 1973 Roe v. Wade decision was overturned in 2022. It was then put back on hold in county court as part of a subsequent lawsuit challenging it as unconstitutional. Based on the Ohio Constitution, the case ultimately reached the state Supreme Court.
In December 2023, the state Supreme Court rejected an appeal filed by Yost’s office “on the basis of statutory changes.” This sent the case back to a lower court, where it is currently being heard.
The case is currently awaiting ruling by Hamilton County Court of Common Pleas Judge Christian Jenkins.
