Ohio judge permanently blocks state's 6-week abortion ban

An Ohio county judge issued a permanent injunction Thursday blocking the state from enforcing its “heartbeat” abortion ban, the first time the entire law has been permanently blocked following the passage of the state’s reproductive freedom amendment last year.

Judge Christian Jenkins of the Hamilton County Court of Common Pleas said voters had spoken when they passed the amendment, and he would not grant the state’s request to enforce more than a dozen provisions of the abortion ban law.

"Unlike the Attorney General, this Court will uphold the Ohio Constitution's protection of abortion rights,” he wrote. "The will of the people of Ohio will be given effect.”

The case initially centered on Ohio’s abortion ban, which was passed by the Legislature and signed by Gov. Mike DeWine (R) in 2019. It banned abortions after the detection of fetal cardiac activity, which is usually six weeks into a pregnancy. It had no exceptions for rape or incest.

The law was on the books but not enforceable because Roe v. Wade guaranteed the right to an abortion. The law took effect in 2022 shortly after the Supreme Court overturned Roe.

The ban was in effect for nearly three months until a judge blocked enforcement in September 2022. Then, last year, voters passed an amendment enshrining the right to abortion in the state constitution by 57 percent, effectively nullifying the law.

Yet Attorney General Dave Yost (R) argued that some provisions of the law remained enforceable despite the amendment, including a 24-hour waiting period and the need for two in-person visits to a doctor before obtaining an abortion. Both sides agreed the six-week ban was not enforceable.

Jenkins disagreed. If courts adopted the state’s arguments, he wrote, doctors who provide abortion care would continue to be at risk of felony charges, civil claims for wrongful death and medical license suspension.

Abortion rights advocates have been fighting against the state ever since the amendment passed. Thursday’s ruling marks a significant victory.

“This momentous win is due to the hard work of countless Ohioans who stood up and continue to stand up to protect abortion access in our state. Their hard work paid off today as the six-week ban has now correctly been ruled unconstitutional because of our Ohio Reproductive Freedom Amendment,” said Kellie Copeland, the executive director of Abortion Forward, the Ohio group that helped pass the 2023 amendment.

“We are heartened that the six-week ban that previously left so many patients in Ohio without options to receive safe and convenient care has finally been struck down, and we look forward to continuing the work of expanding abortion access for all," said Erica Wilson-Domer, president and CEO of Planned Parenthood of Greater Ohio.

In a statement to The Hill, Yost's office said the state has up to 30 days to determine next steps. "We will review the Court’s order in accordance with that timeframe."