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

Protected

Ohio

Ohioans have amended the state constitution to protect reproductive decision making.

State Legal Details

Bans in Effect

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

Bans Enjoined

  • Gestational Ban, 6-week LMP
  • Telemedicine Ban

Restrictions in Effect

  • Parental Involvement, Parental Consent Requirement
  • Parental Involvement, Parental Notification Requirement
  • TRAP requirements: Providers, Reporting Requirement

State Protections

On November 7, 2023, voters in Ohio approved Issue 1, a constitutional amendment to protect reproductive decision making.1 It went into effect on December 7, 2023. 2

Restrictions

In October 2024, Ohio’s 6-week ban3 was permanently enjoined.4  The state bans abortion when “probable post-fertilization age of the unborn child is twenty weeks or greater.”5 The state prohibits both D&E6 and D&X7 procedures. Ohio prohibits abortions sought because of Down syndrome.8 Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period and biased counseling,9 however, these laws are subject to a preliminary injunction.10 The state bans telemedicine for medication abortion, however this law is preliminary enjoined.11 Ohio limits public funding of abortion to narrow circumstances,12 and insurance plans sold on the state exchange are prohibited from covering abortion services.13 Ohio law generally requires that a parent, legal guardian,14 or judge15 consent to a minor’s abortion.

Ohio’s targeted regulations of abortion providers (TRAP) laws include reporting requirements16. Ohio law restricts the provision of abortion care to physicians.17 Providers who violate Ohio’s abortion restrictions may face civil and criminal penalties.18

Post-Roe Prohibitions

Ohio expressly repealed its pre-Roe ban in 1974.19

Conclusion

Now that the Supreme Court has overturned Roe, Ohioans have amended the state constitution to protect reproductive decision making.

  1. Ohio Sec’y of State. State Issues 1 and 2, https://www.ohiosos.gov/globalassets/elections/2023/gen/issuesreport.pdf (last visited Feb. 17, 2026). ↩︎
  2. Ohio Const. Art. I, § 22, https://codes.ohio.gov/ohio-constitution/section-1.22. ↩︎
  3. Ohio Rev. Code Ann. § 2919.195. ↩︎
  4. Preterm Cleveland v. Yost, No. A2203203, 2024 LX 177550 (Oct. 24, 2024) (permanently enjoining the ban that was in effect for several months following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Org., 597 U.S. 215 (2022)); see also Preterm-Cleveland v. Yost, no. 1:19-cv-00360, 2022 WL 2290526(S.D. Ohio Jun. 24, 2022) (order lifting 2019 preliminary injunction); Preterm Cleveland v. Yost, No. A2203203, 2022 LX 19101 (Oct. 12, 2022) (order granting preliminary injunction of S.B. 23); but see Preterm-Cleveland v. Yost, 2026-Ohio-23, 2026 WL 44987 (Jan. 7, 2026) (reversing and remanding the permanent injunction for all codified provisions enacted as a result of S.B. 23, including new requirements and enforcement mechanisms, other than the six-week ban (R.C. § 2919.195)). ↩︎
  5. Ohio Rev. Code Ann. § 2919.201(A). ↩︎
  6. Ohio Rev. Code Ann. § 2919.15. This provision was enjoined in 2019, see Planned Parenthood S.W. 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), but the injunction was dissolved in 2022, see Planned Parenthood S.W. Ohio Region v. Yost, No. 1:19-CV-00118, 2022 WL 2292336 (S.D. Ohio June 24, 2022) (order lifting 2019 preliminary injunction on R.C. § 2919.15). ↩︎
  7. Ohio Rev. Code Ann. § 2919.151. ↩︎
  8. 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). ↩︎
  9. Ohio Rev. Code Ann.§ 2317.56(B), (C). ↩︎
  10. Preterm-Cleveland, et al. v. Yost, et al., Franklin C.P. No. 24-CV-2634 (Aug. 23, 2024). ↩︎
  11. Ohio Rev. Code Ann. § 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. A2101148 (Apr. 19, 2021). ↩︎
  12. Ohio Rev. Code Ann. § 5101.56. ↩︎
  13. Ohio Rev. Code Ann. § 3901.87. ↩︎
  14. Ohio Rev. Code Ann. § 2919.12(B)(1)(a)(ii). ↩︎
  15. Ohio Rev. Code Ann. §§ 2919.12(B)(1)(a)(iii), 2151.85. ↩︎
  16. Ohio Rev. Code Ann. § 2919.171. ↩︎
  17. Ohio Rev. Code Ann. §§ 2919.11, 4731.41, 2919.201(B). ↩︎
  18. See, e.g., Ohio Rev. Code Ann. § 2919.17(F), (G), (H). ↩︎
  19. Ohio Rev. Code Ann. §§ 2919.11, 2919.12, repealed by 1974 Ohio Laws 982. ↩︎