Ohio ‘heartbeat bill’ abortion restriction permanently blocked by county judge

The Ohio Statehouse in May 2023.

Credit: Avery Kreemer

Credit: Avery Kreemer

The Ohio Statehouse in May 2023.

A Hamilton County judge issued a permanent injunction against the state’s “heartbeat bill” banning abortions after about six weeks of pregnancy on the basis of the abortion-rights amendment enshrined in the Ohio Constitution by 57% of voters in 2023.

“Ohio voters have spoken. The Ohio Constitution now unequivocally protects the right to abortion,” wrote Judge Christian A. Jenkins of the Hamilton County Court of Common Pleas in his Thursday decision on Preterm Cleveland v. David Yost, Ohio’s attorney general.

That case centered on the constitutionality of the 2019-passed Ohio Senate Bill 23, which enacted a ban on abortions once cardiac activity could be detected in a fetus, which usually occurs around six weeks of pregnancy. The ban has been start-stop in Ohio since its passage, but was in effect for nearly three months following the U.S. Supreme Court’s reversal of the longstanding abortion protections under Roe v. Wade in 2022.

Thursday’s ruling is substantial for abortion-rights advocates who have been waiting for Ohio’s amendment to kick in to gear.

“This momentous win is due to the hard work of countless Ohioans who stood up and continue to stand up to protect abortion access in our state. Their hard work paid off today,” said Kellie Copeland, the executive director of Abortion Forward, the Ohio group that progressed 2023′s amendment.

The case has been argued by the ACLU of Ohio on behalf of a variety of abortion providers in the state, including Preterm-Cleveland, Planned Parenthood of Greater Ohio, and Women’s Med Group Professional Corporation, which has a location in Kettering.

Note: This is a developing story and will be updated as more information becomes available.


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