A county judge in Columbus, Ohio, is expected to make a ruling on Monday regarding Ohio's abortion law, which is currently under consideration. This law, enacted in 2019 and being reviewed by Hamilton County Common Pleas Judge Christian Jenkins, prohibits most abortions once cardiac activity is detectable, typically around six weeks into pregnancy. However, this law is now being reevaluated in light of a recent decision by voters to include reproductive rights in the state constitution.
The law, which was challenged by a group of abortion clinics even before voters approved the constitutional amendment, faces potential changes due to its conflict with the new amendment. While Ohio's Republican attorney general, Dave Yost, has acknowledged the ban's unconstitutionality following the amendment, he has sought to uphold other aspects of the prohibition, such as notification and reporting requirements.
Ohio was the only state in 2023 to consider a statewide abortion rights question, reflecting a broader trend in several states where voters are opting to safeguard abortion access following the U.S. Supreme Court's 1973 Roe v. Wade decision. Alongside the current case, several other challenges are pending against various abortion restrictions in Ohio, including bans on telehealth for medication abortions, requirements for the handling of fetal remains, waiting periods, and hospital transfer agreements.
Ohio's ban on abortions based on a Down syndrome diagnosis remains in place, as decided by a federal court in 2021. While minority Democrats have proposed legislative measures to align state law with the new amendment, these efforts have been unsuccessful due to opposition from Ohio's Republican supermajorities.
Despite the changes in Ohio's abortion landscape, challenges to the state's parental consent law and bans on specific abortion procedures have not yet materialized. However, the passage of the constitutional amendment has raised concerns among some anti-abortion groups regarding the future of these laws.
The origin of "heartbeat bills," like the one in Ohio, predates their adoption in other states. Ohio's law, signed by Republican Gov. Mike DeWine, was initially vetoed twice by former Gov. John Kasich due to constitutional concerns. However, with the shift in the Supreme Court's composition in recent years, there is renewed optimism among abortion opponents regarding the enforcement of such restrictions.