Ohio Clinics Successfully Challenge Abortion Ban Following Amendment Approval

Abortion clinics in Ohio are urging a court to invalidate abortion restrictions following the recent enshrinement of abortion rights in the state Constitution. They argue that even the state’s Republican attorney general has stated that the amendment renders the ban invalid.

This comes after Ohio voters approved an amendment last month that guarantees access to abortion and other reproductive health care, which went into effect last week.

A law signed by Republican Gov. Mike DeWine in April 2019 had prohibited most abortions after the first detectable “fetal heartbeat,” but it has been the subject of legal challenges and has been blocked on and off.

Attorney General Dave Yost appealed a ruling to the state Supreme Court and is reviewing the case. However, he has not addressed whether abortion is legal under the state constitution, leaving it to be litigated at the county level.

Yost’s office stated on Dec. 7 that they are prepared to acknowledge the will of the people but will carefully review each part of the law for an orderly resolution of the case.

Providers are asking the lower court to permanently strike down the ban, citing the amendment to the Ohio Constitution that prevents anti-abortion laws from being passed.

In their statement, the clinics and ACLU Ohio said, “The Ohio Constitution is the highest law in our state, and this amendment prevents anti-abortion politicians from passing laws to deny our bodily autonomy and interfere in our private medical decisions.”

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