(The Center Square) – Saying meaning must be given to the voice of Ohio voters, a Cincinnati judge permanently declared the state’s six-week abortion ban law unconstitutional.
Late Thursday, Hamilton County Common Pleas Court Judge Christian Jenkins struck down the Heartbeat Act, ruling it violates Issue 1, which Ohio voters approved nearly a year ago to enshrine abortion rights in the state’s constitution.
The ruling is the first permanent injunction coming after voters overwhelmingly approved adding reproductive rights – including the right to have an abortion – in the state’s constitution in November 2023, with nearly 60% voting in favor of the new amendment.
At the time, Ohio became the seventh state to protect abortion access after the U.S. Supreme Court overturned Roe v. Wade in June 2022.
It’s also the first permanent injunction in the country after passage of a abortion-rights ballot amendment.
“Ohio voters have spoken. The Ohio Constitution now unequivocally protects the right to abortion,” the ruling reads. “To give meaning to the voice of Ohio’s voters, the amendment must be given full effect, and laws such as those enacted [the act] must be permanently enjoined.”
The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America and the law firm WilmerHale brought this case on behalf of Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center and Dr. Sharon Liner.
“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,” said Jesse Hill, cooperating attorney for the ACLU of Ohio.
Ohio Attorney General Dave Yost said Friday he’s reviewing the decision.
“This is a very long, complicated decision covering many issues, many of which are issues of first impression,” Yost said in a statement. “Under the Rules of Appellate Procedure, the State has up to thirty days to determine next steps. We will review the Court’s order in accordance with that timeframe.”
In court papers in the spring, Yost said the vote made Ohio’s 2019 ban unconstitutional but fought to keep other parts of the law – including the requirement that abortion providers check for a fetal heartbeat before performing the procedure, reporting obligations for abortion providers and provisions related to informed consent.
