In a landmark ruling, a Hamilton County judge has struck down Ohio’s most stringent abortion law, declaring it unconstitutional based on a voter-approved amendment that safeguards reproductive rights. The ruling puts an end to the controversial “heartbeat law,” which prohibited most abortions as early as six weeks—before many women even realize they are pregnant.
Judge Christian Jenkins, presiding over the Hamilton County Common Pleas Court, emphasized the importance of adhering to the will of the voters. He remarked, “When the U.S. Supreme Court overturned Roe v. Wade and returned power over the abortion issue to the states, Ohio’s Attorney General evidently didn’t get the memo.” The judge dismissed Attorney General Dave Yost’s efforts to retain portions of the law, emphasizing that these attempts undermined the constitutional protections affirmed by Ohio voters.
This decision arises from a lawsuit initiated by the ACLU of Ohio, Planned Parenthood Federation of America, and the law firm WilmerHale, representing a coalition of abortion providers. Their challenge argued that the heartbeat law infringed upon the rights guaranteed by the Ohio Constitution, including individual liberty and equal protection under the law.
Jessie Hill, a cooperating attorney with the ACLU of Ohio, hailed the ruling as a significant triumph for reproductive rights, stating, “This is a momentous ruling, showing the power of Ohio’s new Reproductive Freedom Amendment in practice. The six-week ban is blatantly unconstitutional and has no place in our law.”
The heartbeat law, passed in 2019 and signed by Republican Governor Mike DeWine, faced immediate legal challenges, including an initial federal court block citing Roe v. Wade. Following the Supreme Court’s overturning of Roe in 2022, opponents swiftly shifted their focus to the state courts, leading to this recent decision. The judge noted that upholding any part of the heartbeat law could subject healthcare providers to severe penalties, including felony charges and fines.
While Yost’s office is currently reviewing the ruling and has 30 days to decide on an appeal, the impact of this decision resonates deeply within a national landscape grappling with abortion rights following the Dobbs decision. The constitutional amendment passed by Ohio voters last year asserts that every individual in Ohio has the right to make and carry out their reproductive decisions.
Judge Jenkins’ decision marks a pivotal moment in Ohio’s ongoing legal battle over abortion rights, reaffirming the voice of the electorate in shaping the state’s laws on reproductive health.
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