A significant legal ruling emerged in Ohio as Judge Christian Jenkins of the Hamilton County Common Pleas Court declared the state's ban on most abortions unconstitutional. On Thursday, he issued a permanent injunction against the enforcement of this law, reinforcing the rights protected under a recent voter-approved amendment to the state constitution.
In his ruling, Jenkins stated, "Ohio voters have spoken. The Ohio constitution now unequivocally protects the right to abortion." This decision arises from legislation that barred medical professionals from performing abortions once fetal cardiac or embryonic activity was detected, which can occur as early as six weeks into a pregnancy. While Republican lawmakers enacted this law in 2019, it only took effect in June 2022 following the U.S. Supreme Court's decision to overturn Roe v. Wade.
After the law went into effect, Jenkins temporarily suspended it less than three months later. Healthcare providers in Ohio filed a lawsuit to permanently halt the legislation, arguing that it forced many patients to seek reproductive care outside the state and jeopardized the operation of several clinics. Notably, a case involving a young sexual assault victim from Columbus, who had to travel to Indiana for an abortion, highlighted the urgency of the situation.
In response to the mounting pressure, advocates successfully campaigned for a ballot initiative aimed at securing reproductive healthcare rights, including abortion, in the state constitution. This amendment was approved by 57% of voters in November.
"This is a momentous ruling, showing the power of Ohio’s new Reproductive Freedom Amendment in practice," stated Jessie Hill, a cooperating attorney for the American Civil Liberties Union of Ohio. Hill emphasized that the six-week ban is clearly unconstitutional and should not be part of Ohio law.
This ruling follows a previous decision by Franklin County Common Pleas Judge David C. Young, who temporarily paused other state laws that imposed a 24-hour waiting period for abortions. Young described the constitutional language protecting abortion rights as "clear and unambiguous," stating that the contested statutes significantly burdened patients and providers.
The state’s attorney general has announced plans to appeal Young's ruling. Jenkins' decision arrives just weeks before the presidential election, where Democratic candidate Kamala Harris has emphasized reproductive rights as a central theme of her campaign. Harris has criticized former President Trump for his role in appointing three Supreme Court justices who voted to overturn Roe v. Wade, noting that his popularity among women voters has declined in light of these developments.
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