Ohio Abortion Restrictions Blocked by Courts Following Passage of Constitutional Amendment

Ohio Abortion Restrictions Blocked by Courts

Two Ohio laws restricting abortion access have been blocked by the courts, highlighting the ongoing legal battle over abortion rights in the state.

Hamilton County Common Pleas Judge Alison Hatheway issued a preliminary injunction on August 29th, extending an existing order that temporarily halts enforcement of a law banning the use of telemedicine in medication abortions. This injunction also blocks another law prohibiting non-doctors from prescribing the abortion pill mifepristone.

Judge Hatheway's decision follows a similar ruling by a Columbus judge who blocked Ohio from enforcing several other laws that created a 24-hour waiting period for abortion seekers. These cases could eventually reach the Ohio Supreme Court, where three seats are up for election this fall and abortion is a key issue.

Judge Hatheway's order acknowledges the significant shift in the legal landscape following the passage of Issue 1, a constitutional amendment guaranteeing access to abortion in Ohio. This amendment likely renders many existing abortion restrictions unconstitutional.

The state argued that the challenged laws are vital to protecting the health and safety of Ohioans. However, Judge Hatheway found this argument insufficient under the new legal framework established by Issue 1. She concluded that the plaintiffs, including Planned Parenthood Southwest Ohio Region and other clinics and physicians, are likely to prevail in their lawsuit against the Ohio Department of Health.

"The Amendment grants sweeping protections ensuring reproductive autonomy for patients in Ohio," Judge Hatheway wrote. "Plaintiffs have provided substantial evidence to prove by clear and convincing evidence that the Bans at issue here violate these newly enshrined rights in a manner that is not the least restrictive, and actually causes harm to Plaintiffs' patients."

Peter Range, a senior fellow at Ohio's Center for Christian Virtue, expressed concern over the court rulings, stating that the ACLU of Ohio, Planned Parenthood, and others are seeking to eliminate all abortion restrictions in the state. He called for a return to "common sense laws" that protect both women and unborn children.

The law targeting telemedicine abortions had already been on hold since 2021. However, the lawsuit was recently amended to incorporate the passage of Issue 1 and objections to the mifepristone restriction.

The reproductive rights amendment passed with nearly 57% of the Ohio vote. It guarantees each Ohioan's right "to make and carry out one's own reproductive decisions.