Restrictions

In October 2024, Ohio’s 6-week ban^[1]Ohio Rev. Code Ann. § 2919.195. was permanently enjoined.^[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 Court’s decision to overturn … Continue reading  The state bans abortion when “probable post-fertilization age of the unborn child is twenty weeks or greater.”^[3]OHIO REV. CODE ANN. § 2919.201. It prohibits both D&E^[4]Id. § 2919.15. and D&X^[5]Id. § 2919.151. procedures, although the D&E ban is enjoined.^[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 … Continue reading Ohio prohibits abortions sought because of Down syndrome.^[7]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,^[8]OHIO REV. CODE ANN. § 2317.56(B),(C). however, these laws are subject to a preliminary injunction.^[9]Preterm-Cleveland, et al. v. Yost, et al., Case No. 24-CV-2634 (Ct. of C.P. Aug. 23, 2024). The state bans telemedicine for medication abortion, however this law is preliminary enjoined.^[10]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,^[11]Ohio Rev. Code Ann. § 5101.56. and insurance plans sold on the state exchange are prohibited from covering abortion services.^[12]Id. § 3901.87. Ohio law generally requires that a parent, legal guardian,^[13]Id. § 2919.12(B)(1)(a). or judge^[14]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^[15]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.^[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 … Continue reading The Southern District of Ohio enjoined the order,^[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). which was superseded by another order that allowed procedural abortion care to resume.^[18]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^[19] Ohio Rev. Code Ann. § 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).. Ohio law restricts the provision of abortion care to physicians.^[20]Id. §§ 2919.11, 4731.41, 2919.201(B). Providers who violate Ohio’s abortion restrictions may face civil and criminal penalties.^[21]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.^[22]Ohio Sec’y of State. State Issues 1 and 2, https://www.ohiosos.gov/globalassets/elections/2023/gen/issuesreport.pdf (last visited Nov. 14, 2023). It went into effect on December 7, 2023. ^[23]Ohio Const. Art. II, § 1b.

Post-Roe Prohibitions

Ohio expressly repealed its pre-Roe ban in 1974.^[24]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; the 6-week LMP ban has been permanently bocked.