Ohio
Protected
Now that the Supreme Court has overturned Roe:
Ohioans have approved Issue 1, which protects reproductive decision making. However, Ohio argues that the state can enforce provisions of its 6-week LMP ban, which is currently blocked by a preliminary injunction.
Restrictions
On June 27, 2022, Ohio began enforcing its 6-week LMP abortion ban[1]OHIO REV. CODE ANN. § 2919.195(A). Preterm-Cleveland v. Yost, no. 1:19-cv-00360 (S.D. Ohio Jun. 24, 2022) (order lifting preliminary injunction). following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.[2]Dobbs v. Jackson Women’s Health Org., 597 U.S (June 24, 2022), rev’d Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019). This law is currently subject to a preliminary injunction and is not in effect. [3]Preterm Cleveland et. al. v. Yost et. al., No. A2203203 (Ct. C.P. Ohio, Oct. 7, 2022). On February 2, 2024, Ohio’s Attorney General submitted a filing requesting the court strike down only the law’s 6-week LMP ban as unconstitutional and permit other restrictions within the law to remain.[4]Answer of Defs. to Pls. Second Am. Compl., Preterm Cleveland et al. v. Yost et al., No. A2203203 (Ct. C.P. Ohio, Oct. 7, 2022), … Continue reading
Ohio also bans abortion when “probable post-fertilization age of the unborn child is twenty weeks or greater.”[5]OHIO REV. CODE ANN. § 2919.201. It prohibits both D&E[6]Id. § 2919.15. and D&X[7]Id. § 2919.151. procedures, although the D&E ban is enjoined.[8]Planned Parenthood Sw. Ohio Region v. Yost, 375 F.Supp.3d 848 (S. D. Ohio, 2019) (order granting preliminary injunction on D&E procedures prior to 18 weeks LMP and in other specific … Continue reading Ohio prohibits abortions sought because of Down syndrome.[9]Ohio Rev. Code Ann. § 2919.10; Preterm-Cleveland v. Himes, 294 F. Supp. 3d 746 (S.D. Ohio 2018), rev’d en banc, 994 F.3d 512 (6th Cir. 2021). Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period and biased counseling.[10]OHIO REV. CODE ANN. § 2317.56(B),(C). The state bans telemedicine for medication abortion, however this law is preliminary enjoined.[11]Id. § 2919.124(B) (“No physician shall personally furnish or otherwise provide an abortion-inducing drug to a pregnant woman unless the physician is physically present at the location where … Continue reading Ohio limits public funding of abortion,[12]Ohio Rev. Code Ann. § 5101.56. and insurance plans sold on the state exchange are prohibited from covering abortion services.[13]Id. § 3901.87. Ohio law generally requires that a parent, legal guardian,[14]Id. § 2919.12(B)(1)(a). or judge[15]Id. §§ 2919.12(B)(1)(a)(iv), 2151.85. consent to a minor’s abortion.
In 2020, Ohio exploited the COVID-19 pandemic in an attempt to ban abortion care, issuing an executive order[16]Amy Acton, Dir.’s Order for the Mgmt of Non-essential Surgeries and Procedures throughout Ohio (Mar. 17, 2020), available at … Continue reading that purported to suspend procedures deemed “non-essential” by the state. This order contradicted major medical groups in the United States and around the world, which agree that abortion is essential and time sensitive health care.[17]See Joint Statement on Abortion Access During the COVID-19 Outbreak, Am. Coll. Obstetrics & Gynecology (Mar. 18, 2020); Disaster Risk Management for Health, Sexual and Reproductive Health, World … Continue reading The Southern District of Ohio enjoined the order,[18]Preterm-Cleveland v. Attorney Gen. of Ohio, 456 F.Supp.3d 917 (S.D. Ohio 2020), appeal dismissed, No. 20-3365 (6th Cir. Apr. 6, 2020). which was superseded by another order that allowed procedural abortion care to resume.[19]Amy Acton, Dir.’s Order that Reopens Bus., with Exceptions, & Continue a Stay Healthy & Stay Safe Home Order (Apr. 30, 2020).
Ohio’s targeted regulations of abortion providers (TRAP) laws include reporting requirements and requires “ambulatory surgical facilities” to have written transfer agreements with a hospital.[20]OHIO REV. CODE § 2919.202. Ohio law restricts the provision of abortion care to physicians.[21]Id. §§ 2919.11, 4731.41, 2919.201(B). Providers who violate Ohio’s abortion restrictions may face civil and criminal penalties.[22]See, e.g., id. § 2919.17.
State Protections
On November 7, 2023, voters in Ohio approved Issue 1, a constitutional amendment to protect reproductive decision making.[23]Ohio Sec’y of State. State Issues 1 and 2, www.ohiosos.gov/globalassets/elections/2023/gen/issuesreport.pdf (last visited Nov. 14, 2023). It went into effect on December 7, 2023. [24]Ohio Const. Art. II, § 1b.
Post-Roe Prohibitions
Ohio expressly repealed its pre-Roe ban in 1974.[25]OHIO REV. CODE ANN. §§ 2919.11, 2919.12, repealed by 1974 Ohio Laws 982.
Conclusion
Now that the Supreme Court has overturned Roe, Ohioans have amended its constitution to protect reproductive decision making while the state argues that it can enforce provisions of its 6-week LMP ban, which is currently blocked by a preliminary injunction.
References
↑1 | OHIO REV. CODE ANN. § 2919.195(A). Preterm-Cleveland v. Yost, no. 1:19-cv-00360 (S.D. Ohio Jun. 24, 2022) (order lifting preliminary injunction). |
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↑2 | Dobbs v. Jackson Women’s Health Org., 597 U.S (June 24, 2022), rev’d Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019). |
↑3 | Preterm Cleveland et. al. v. Yost et. al., No. A2203203 (Ct. C.P. Ohio, Oct. 7, 2022). |
↑4 | Answer of Defs. to Pls. Second Am. Compl., Preterm Cleveland et al. v. Yost et al., No. A2203203 (Ct. C.P. Ohio, Oct. 7, 2022), npr.brightspotcdn.com/5e/66/fc71680647028d8a4f6b389b5880/preterm-v-yost-2-2-24-filing.pdf. |
↑5 | OHIO REV. CODE ANN. § 2919.201. |
↑6 | Id. § 2919.15. |
↑7 | Id. § 2919.151. |
↑8 | Planned Parenthood Sw. Ohio Region v. Yost, 375 F.Supp.3d 848 (S. D. Ohio, 2019) (order granting preliminary injunction on D&E procedures prior to 18 weeks LMP and in other specific circumstances). |
↑9 | Ohio Rev. Code Ann. § 2919.10; Preterm-Cleveland v. Himes, 294 F. Supp. 3d 746 (S.D. Ohio 2018), rev’d en banc, 994 F.3d 512 (6th Cir. 2021). |
↑10 | OHIO REV. CODE ANN. § 2317.56(B),(C). |
↑11 | Id. § 2919.124(B) (“No physician shall personally furnish or otherwise provide an abortion-inducing drug to a pregnant woman unless the physician is physically present at the location where the initial dose of the drug or regimen of drugs is consumed at the time the initial dose is consumed.”); Planned Parenthood Sw. Ohio Region v. Ohio Dep’t of Health, Hamilton C.P. No. A 2101148 (Apr. 19, 2021). |
↑12 | Ohio Rev. Code Ann. § 5101.56. |
↑13 | Id. § 3901.87. |
↑14 | Id. § 2919.12(B)(1)(a). |
↑15 | Id. §§ 2919.12(B)(1)(a)(iv), 2151.85. |
↑16 | Amy Acton, Dir.’s Order for the Mgmt of Non-essential Surgeries and Procedures throughout Ohio (Mar. 17, 2020), available at content.govdelivery.com/attachments/OHOOD/2020/03/17/file_attachments/1403950/Director%27s%20Order%20non-essential%20surgery%203-17-2020.pdf. |
↑17 | See Joint Statement on Abortion Access During the COVID-19 Outbreak, Am. Coll. Obstetrics & Gynecology (Mar. 18, 2020); Disaster Risk Management for Health, Sexual and Reproductive Health, World Health Org. (May 2011); Safe Abortion Care in the Minimum Initial Service Package (MISP) for Sexual and Reproductive Health in Humanitarian Settings, Inter-Agency Working Grp. (Dec. 19, 2019) |
↑18 | Preterm-Cleveland v. Attorney Gen. of Ohio, 456 F.Supp.3d 917 (S.D. Ohio 2020), appeal dismissed, No. 20-3365 (6th Cir. Apr. 6, 2020). |
↑19 | Amy Acton, Dir.’s Order that Reopens Bus., with Exceptions, & Continue a Stay Healthy & Stay Safe Home Order (Apr. 30, 2020). |
↑20 | OHIO REV. CODE § 2919.202. |
↑21 | Id. §§ 2919.11, 4731.41, 2919.201(B). |
↑22 | See, e.g., id. § 2919.17. |
↑23 | Ohio Sec’y of State. State Issues 1 and 2, www.ohiosos.gov/globalassets/elections/2023/gen/issuesreport.pdf (last visited Nov. 14, 2023). |
↑24 | Ohio Const. Art. II, § 1b. |
↑25 | OHIO REV. CODE ANN. §§ 2919.11, 2919.12, repealed by 1974 Ohio Laws 982. |