After Roe Fell: U.S. Abortion Laws by State

Protected

Ohio

Ohioans have approved Issue 1, which protects reproductive decision making. The state’s 6-week LMP ban has been permanently blocked.

State Legal Details

Bans in Effect

  • Gestational Ban, 22-week LMP
  • Method Ban
  • Reason Ban

Bans Enjoined

  • Gestational Ban, 6-week LMP

Restrictions in Effect

  • Biased Counseling Requirement
  • Parental Involvement, Parental Consent Requirement
  • TRAP requirements: Providers, Reporting Requirement
  • TRAP requirements: Providers, Transfer Agreement Requirement
  • Waiting Period Requirement

Restrictions

In October 2024, Ohio’s 6-week ban1 was permanently enjoined.2  The state bans abortion when “probable post-fertilization age of the unborn child is twenty weeks or greater.”3 It prohibits both D&E4 and D&X5 procedures, although the D&E ban is enjoined.6 Ohio prohibits abortions sought because of Down syndrome.7 Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period and biased counseling,8 however, these laws are subject to a preliminary injunction.9 The state bans telemedicine for medication abortion, however this law is preliminary enjoined.10 Ohio limits public funding of abortion,11 and insurance plans sold on the state exchange are prohibited from covering abortion services.12 Ohio law generally requires that a parent, legal guardian,13 or judge14 consent to a minor’s abortion.

In 2020, Ohio exploited the COVID-19 pandemic in an attempt to ban abortion care, issuing an executive order15 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abortion is essential and time sensitive health care.16 The Southern District of Ohio enjoined the order,17 which was superseded by another order that allowed procedural abortion care to resume.18

Ohio’s targeted regulations of abortion providers (TRAP) laws include reporting requirements19. Ohio law restricts the provision of abortion care to physicians.20 Providers who violate Ohio’s abortion restrictions may face civil and criminal penalties.21

State Protections

On November 7, 2023, voters in Ohio approved Issue 1, a constitutional amendment to protect reproductive decision making.22 It went into effect on December 7, 2023. 23

Post-Roe Prohibitions

Ohio expressly repealed its pre-Roe ban in 1974.24

Conclusion

Now that the Supreme Court has overturned Roe, Ohioans have amended its constitution to protect reproductive decision making; the 6-week LMP ban has been permanently bocked.

  1. Ohio Rev. Code Ann. u00a7 2919.195. ↩︎
  2. Preterm Cleveland v. Yost, No. A2203203 (Ct. C.P. Ohio, Oct. 24, 2024). Permanently enjoining the ban that was in effect for several months following the U.S. Supreme Courtu2019s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Womenu2019s Health Org., 597 U.S (June 24, 2022), See Preterm-Cleveland v. Yost, no. 1:19-cv-00360 (S.D. Ohio Jun. 24, 2022) (order lifting preliminary injunction). Preterm Cleveland v. Yost, No. A2203203 (Ct. C.P. Ohio, Oct. 7, 2022). ↩︎
  3. OHIO REV. CODE ANN. u00a7 2919.201. ↩︎
  4. Id. u00a7 2919.15. ↩︎
  5. Id. u00a7 2919.151. ↩︎
  6. 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). ↩︎
  7. Ohio Rev. Code Ann. u00a7 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). ↩︎
  8. OHIO REV. CODE ANN. u00a7 2317.56(B),(C). ↩︎
  9. Preterm-Cleveland, et al. v. Yost, et al., Case No. 24-CV-2634 (Ct. of C.P. Aug. 23, 2024). ↩︎
  10. Id. u00a7 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). ↩︎
  11. Ohio Rev. Code Ann. u00a7 5101.56. ↩︎
  12. Id. u00a7 3901.87. ↩︎
  13. Id. u00a7 2919.12(B)(1)(a). ↩︎
  14. Id. u00a7u00a7 2919.12(B)(1)(a)(iv), 2151.85. ↩︎
  15. Amy Acton, Dir.’s Order for the Mgmt of Non-essential Surgeries and Procedures throughout Ohio (Mar. 17, 2020), available at https://content.govdelivery.com/attachments/OHOOD/2020/03/17/file_attachments/1403950/Director%27s%20Order%20non-essential%20surgery%203-17-2020.pdf. ↩︎
  16. 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) ↩︎
  17. 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). ↩︎
  18. Amy Acton, Dir.’s Order that Reopens Bus., with Exceptions, & Continue a Stay Healthy & Stay Safe Home Order (Apr. 30, 2020). ↩︎
  19. Ohio Rev. Code Ann. u00a7 2919.171. Amendments made by S.B. 23, 133rd Gen. Assemb., Reg. Sess. (Oh 2019) are unconstitutional. See Preterm Cleveland v. Yost, No. A2203203 (Ct. C.P. Ohio, Oct. 24, 2022). ↩︎
  20. Id. u00a7u00a7 2919.11, 4731.41, 2919.201(B). ↩︎
  21. See, e.g., id. u00a7 2919.17. ↩︎
  22. Ohio Secu2019y of State. State Issues 1 and 2, https://www.ohiosos.gov/globalassets/elections/2023/gen/issuesreport.pdf (last visited Nov. 14, 2023). ↩︎
  23. Ohio Const. Art. II, u00a7 1b. ↩︎
  24. OHIO REV. CODE ANN. u00a7u00a7 2919.11, 2919.12, repealed by 1974 Ohio Laws 982. ↩︎