Ohio judge rules 6-week abortion ban unconstitutional.

In 2023, Ohio voters passed a constitutional amendment that safeguards access to abortion.

Ohio judge rules 6-week abortion ban unconstitutional.
Ohio judge rules 6-week abortion ban unconstitutional.

On Thursday, an Ohio judge issued a permanent injunction, striking down the state's six-week abortion law in its entirety, citing the state's constitutional amendment.

""The Ohio Constitution now clearly safeguards the right to abortion, as determined by Ohio voters," Hamilton County Common Pleas Judge Christian Jenkins stated in a filing."

"The six-week ban imposed by Ohio's new Reproductive Freedom Amendment is unconstitutional and should not be enforced, according to Jessie Hill, a cooperating attorney for the ACLU of Ohio."

The ACLU and Planned Parenthood filed a suit against Republican Ohio Attorney General Dave Yost on behalf of abortion providers due to Ohio's 2019 law prohibiting abortions as early as six weeks.

The suit was initially filed against Republican Ohio Attorney General Dave Yost by the ACLU and Planned Parenthood on behalf of abortion providers.
The suit was initially filed against Republican Ohio Attorney General Dave Yost by the ACLU and Planned Parenthood on behalf of abortion providers. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

In 2022, the law was briefly enforced for a short period before being halted by a temporary restraining order, which was later extended for two additional weeks. Following a hearing in October 2022, the court issued a preliminary injunction order that remained in effect until a permanent injunction order was issued on Thursday.

In 2023, Ohio voters passed a constitutional amendment that safeguarded abortion rights in the state's constitution. Following the amendment's approval, Yost acknowledged that certain parts of the law were unconstitutional, specifically the six-week provision, while continuing to defend other provisions.

In 2023, Ohio voters approved a constitutional amendment enshrining abortion rights into the state's constitution.
In 2023, Ohio voters approved a constitutional amendment enshrining abortion rights into the state's constitution. (Getty Images)

Jenkins wrote that even though a majority of Ohio voters, presumably both men and women, approved an amendment to the Ohio Constitution protecting the right to pre-viability abortion on November 7, 2023, the Attorney General urges this Court to leave all but one provision of the Heartbeat Act untouched, which was clearly rejected by Ohio voters.

If the court were to adopt Yost's argument, Ohio doctors who provide abortion care would still face the risk of felony criminal charges, according to Jenkins.

"Ohio voters have spoken," Hamilton County Common Pleas Judge Christian Jenkins wrote in the filing.
"Ohio voters have spoken," Hamilton County Common Pleas Judge Christian Jenkins wrote in the filing. (Andrew Spear/Getty Images)

Jenkins added that certain legal provisions would necessitate patients seeking abortions to undergo two in-person visits to their provider, wait 24 hours for abortion care, review state-mandated information discouraging abortion, and have the reason for their abortion documented and reported.

The U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Org. does not simply leave the issue of abortion to the states, as it dispels the myth that it does.

Yost's office stated to Planet Chronicle Digital that the decision is complex and involves multiple issues, many of which are first impressions.

The state has 30 days to decide on the next steps and will review the Court's order within that timeframe, as stated by Yost's office.

The Associated Press contributed to this report.

by Haley Chi-Sing

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