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).

Ohio also bans abortion when “probable post-fertilization age of the unborn child is twenty weeks or greater.”^[4]OHIO REV. CODE ANN. § 2919.201. It prohibits both D&E^[5]Id. § 2919.15. and D&X^[6]Id. § 2919.151. procedures, although the D&E ban is enjoined.^[7]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.^[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). Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period and biased counseling.^[9]OHIO REV. CODE ANN. § 2317.56(B),(C). 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 and requires “ambulatory surgical facilities” to have written transfer agreements with a hospital.^[19]OHIO REV. CODE § 2919.202. 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

Ohio law does not include express constitutional or statutory protections for abortion. To the contrary, Ohio’s laws include a policy preference to support fake clinics, or crisis pregnancy centers, and fund them with taxpayer dollars.^[22]Id. § 5101.804.

Post-Roe Prohibitions

Ohio expressly repealed its pre-Roe ban in 1974.^[23]OHIO REV. CODE ANN. §§ 2919.11, 2919.12, repealed by 1974 Ohio Laws 982.

Conclusion

Now that the Supreme Court has overturned Roe, Ohio argues that it can enforce the state’s 6-week LMP ban.