Hamilton County Common Pleas Judge Christian Jenkins struck down Ohio’s restrictive abortion ban on Thursday, citing the 2023 voter-approved Reproductive Freedom Amendment that protects the right to abortion under the state constitution. The decision enforces a permanent injunction against the ban, a 2019 law that prohibited abortions once fetal cardiac activity was detected, often as early as six weeks into pregnancy.
The ruling reaffirmed the power of Ohio’s constitutional amendment, which passed with 57 percent support, granting residents “the right to make and carry out one’s own reproductive decisions.” Judge Jenkins, reflecting on the amendment, remarked, “Ohio voters have spoken. The Ohio Constitution now unequivocally protects the right to abortion.” He noted that despite the Supreme Court’s decision to return abortion policy to the states, Ohio’s attorney general has attempted to restrict abortion rights rather than uphold this state-level constitutional protection.
The law, widely known as the “heartbeat bill,” had already faced several challenges. Initially passed by Republican lawmakers in 2019 and signed by Governor Mike DeWine, the ban briefly went into effect after Roe v. Wade was overturned in June 2022. During its enforcement period, some Ohio patients were forced to seek care outside the state. In one widely publicized case, a young girl, a victim of sexual assault, had to travel to Indiana for care, fuelling local support for enshrining reproductive rights in Ohio’s constitution.
Attorney General Dave Yost acknowledged in court filings that the amendment rendered the ban unconstitutional but has indicated plans to appeal. Yost had previously attempted to preserve aspects of the 2019 law, such as notification and reporting provisions. Judge Jenkins, however, found that such attempts ignored Ohio’s constitutional protections for pre-viability abortions, writing that the state’s efforts “dispel the myth” that recent court rulings simply return power to the states. Instead, he contended that they highlighted an “attempt to diminish and limit” constitutional protections for abortion.
The legal battle in Ohio reflects a broader national trend. Since the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, states have either expanded protections or imposed restrictions on abortion. Ohio’s amendment, and Judge Jenkins’s ruling, mark a key victory for abortion rights advocates in the state.
