COLUMBUS, Ohio (WCMH) — An Ohio law that restricted most abortions is now unconstitutional given voters approved a reproductive rights amendment last November, a judge ruled on Thursday.
Hamilton County Common Pleas Court Judge Christian Jenkins said in the ruling that Ohio’s “Heartbeat Act” violates Issue 1, which enshrined the right of Ohioans to make decisions about abortion, contraception, fertility treatment, miscarriage care and pregnancy. Issue 1 passed last year with support from more than 56% of Ohio voters, then went into effect 30 days after.
“Ohio voters have spoken. The Ohio Constitution now unequivocally protects the right to abortion,” wrote Jenkins. “To give meaning to the voice of Ohio’s voters, the amendment must be given full effect, and laws such as those enacted [the act] must be permanently enjoined.”
The Heartbeat Act had banned abortion once cardiac activity was detected, which can be as early as six weeks into pregnancy, with no exceptions for rape or incest. Ohio Attorney General Dave Yost had acknowledged in court filings that Issue 1 rendered the act unconstitutional, but argued the court should let other portions of the law, outside of the abortion ban, remain.
The elements Yost sought to keep included requiring a doctor to check for a heartbeat and informing the patient of that heartbeat, as well as documenting the reason someone is having an abortion.
“This is a momentous ruling, showing the power of Ohio’s new Reproductive Freedom Amendment in practice. The six-week ban is blatantly unconstitutional and has no place in our law,” said Jessie Hill, cooperating attorney for the ACLU of Ohio.
Jenkins’ ruling comes after years of legal battles over the law. A federal court blocked enforcement of the heartbeat law three months after it passed back in 2019, but that changed after Roe v. Wade was overturned in June 2022.
Yost successfully petitioned the federal court to dissolve the injunction, and though the law saw challenges from Ohio abortion clinics, was upheld by the state supreme court. The “Heartbeat Law” took effect from June 24, 2022 through Sept. 14, 2022, when Jenkins put the law on hold again in response to a lawsuit by Ohio abortion clinics.
“In November, Ohioans unequivocally rejected politicians’ attempts to ban abortion, and today’s ruling is a step in the right direction to protect the right for all people in our state to make decisions over their own personal medical decisions,” said Erica Wilson-Domer, CEO of Planned Parenthood of Greater Ohio.
