HAMILTON COUNTY, Ohio — An Ohio judge ruled Thursday that the state's “heartbeat bill," which bans abortions after about six weeks of pregnancy, is unconstitutional following the passing of Issue 1 last November.
Hamilton County Judge Christian Jenkins granted a permanent injunction on the law, stating that "Ohio voters have spoken. The Ohio Constitution now unequivocally protects the right to abortion."
In November 2023, Ohio voters passed Issue 1 which enshrined an amendment into the state's constitution that protected the right to an abortion.
Jenkins added, "To give meaning to the voice of Ohio's voters, the Amendment must be given full effect, and laws such as those enacted by S.B. 23 must be permanently enjoined."
The judge said Attorney General Dave Yost's request to leave all but one provision of the law untouched even after a majority of Ohio’s voters passed an amendment protecting the right to pre-viability abortion “dispels the myth" that the high court's decision simply gives states power over the issue.
Ohio's "heartbeat bill" was signed into law in April 2019 by Gov. Mike DeWine, but didn't take effect until the U.S. Supreme Court overturned Roe v. Wade in June 2022.
The law placed a ban on abortions after a detectable heartbeat was found. DeWine's predecessor Gov. John Kasich had previously vetoed the measure on the grounds that it was unconstitutional.
10TV's sister station WKYC received the following statement from Yost about the ruling:
"This is a very long, complicated decision covering many issues, many of which are issues of first impression. 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," Yost said.
The ACLU of Ohio sued on behalf of a group of abortion providers in the state, the second round of litigation filed to challenge the law.
“This is a momentous ruling, showing the power of Ohio’s new Reproductive Freedom Amendment in practice,” Jessie Hill, cooperating attorney for the ACLU of Ohio, said in a statement. “The six-week ban is blatantly unconstitutional and has no place in our law.”
The Ohio litigation has unfolded alongside a national upheaval over abortion rights that followed the Dobbs decision that overturned Roe, including constitutional amendment pushes in Ohio and a host of other states.