COLUMBUS, Ohio — Ohio's six-week abortion ban has been ruled unconstitutional and cannot be enforced. In a decision issued on Thursday afternoon, Hamilton County Judge Christian Jenkins struck down the ban, one without exceptions for rape or incest.
The ruling comes after voters chose to legalize and protect access to reproductive rights in November 2023.
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"Ohio voters have spoken," Jenkins wrote. "The Ohio Constitution now unequivocally protects the right to abortion."
Issue 1 passed in Nov. 2023 57-43%, enshrining reproductive rights into the state constitution. It says Ohioans have the right to make their own decisions about abortion, contraception, fertility treatment, miscarriage care and continuing pregnancy. The state is prohibited from interfering with or penalizing someone for exercising this right.
Ohio's six-week ban was signed into law in 2019 but was blocked by a judge. When Roe v. Wade was overturned in 2022, Ohio reinstated the law, resulting in nearly three months with the ban in effect before it was blocked by Jenkins. Since then, he has kept it on hold.
Referencing the Dobbs decision that overruled Roe, Jenkins brought up the "myth" that Republicans would actually let the "states" decide on reproductive care. This was "not so in Ohio," Jenkins said.
"Despite the adoption of a broad and strongly worded constitutional amendment, in this case and others, the State of Ohio seeks not to uphold the constitutional protection of abortion rights, but to diminish and limit it," the judge continued. "Unlike the Ohio Attorney General, this court will uphold the Ohio Constitution's protection of abortion rights. The will of the people of Ohio will be given this effect."
I am waiting to hear back from the attorney general's office about whether they plan to appeal this ruling.
“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, President and CEO of Planned Parenthood of Greater Ohio. “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.”
This is the third court decision to cite Issue 1. In August, a Columbus judge blocked the state's law requiring a 24-hour waiting period to access abortion, meaning clinics could do same-day services. In September, a Cincinnati judge's decision allowed for clinics around Ohio to be able to prescribe the abortion pill mifepristone virtually and can send it to pharmacies or directly to homes through mail-order medication services.
The fight isn't over for abortion advocates, though.
"It's an important ruling because it means tens of thousands of patients from the Buckeye State and surrounding communities can continue to access safe and legal abortion care," Abortion Forward's Kellie Copeland said. "However, we expect that our opponents will challenge this case and that it will end up before the State Supreme Court."
The three pro-abortion rulings come from state courts, but the final say will come from the Ohio Supreme Court. This means that, essentially, abortion is on the ballot again this fall.
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"If there isn't a change on the State Supreme Court, it is likely that that court would overturn a ruling like this," Copeland added.
After voters chose to protect access to abortion, advocates have been going to court to repeal dozens of restrictions. They have been successful in the lower courts so far, like repealing a block to telehealth prescriptions, but those cases will eventually all end up in the Supreme Court.
Right now, there is a 4-3 Republican majority on the court, but three races will determine the future makeup.
Supreme Court Justice Melody Stewart, a Democrat, will defend her seat against Justice Joe Deters. He chose to vacate his seat to run for hers.
Democratic Justice Michael Donnely will face off against Cincinnati Republican Judge Megan Shanahan.
Cleveland Democratic Judge Lisa Forbes and Columbus Republican Judge Dan Hawkins are vying for the remaining open seat.
When it comes to issues surrounding abortion regulations, the Democrats were all endorsed by Planned Parenthood, while Ohio Right to Life supports the Republicans.
The governor's office said it has no comment on the ruling.
This is a developing story and will be updated.
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