Ohio's six-week abortion ban permanently struck down as judge upholds referendum

An Ohio judge has struck down the state's six-week abortion ban, upholding a referendum voters approved last year that protected the right to legally make one's own "reproductive decisions."

Hamilton County Common Pleas Judge Christian Jenkins wrote in his decision Thursday that "Ohio's Attorney General evidently didn't get the memo" when the U.S. Supreme Court overturned the right to an abortion nationally and gave the deciding power to the states. He affirmed that the public voted in favor of protecting legal abortions, overturning the ban.

"Despite the adoption of a broad and strongly worded constitutional amendment, in this case and others, the State of Ohio seeks not to uphold the constitutional protection of abortion rights, but to diminish and limit it," Jenkins wrote.

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Ohio voters approved in 2023 the constitutional amendment, Issue 1, which protected "the right to make and carry out one's own reproductive decisions." While some opponents argued that the language was vague, Republican Attorney General Dave Yost acknowledged that the amendment applied to abortion, but challenged it in the hopes of maintaining some of the ban's provisions such as mandating reporting to the state and 24-hour waiting periods.

Jenkins overruled the provisions, finding that they would endanger the health and privacy of patients while also placing undue risks and burdens on health care providers. Yost's office said it will decide within 30 days whether or not to appeal, according to CBS.

Jessie Hill, cooperating attorney for the ACLU of Ohio, said in a statement that“This is a momentous ruling, showing the power of Ohio’s new Reproductive Freedom Amendment in practice," adding, "The six-week ban is blatantly unconstitutional and has no place in our law."

“Last November, Ohioans unequivocally rejected politicians’ attempts to ban abortion, and today’s ruling is a step in the right direction to protect the right of all people in our state to make their own personal medical decisions,” added Erica Wilson-Domer, President and CEO of Planned Parenthood of Greater Ohio. “We are heartened that the six-week ban that previously left so many patients in Ohio without options to receive safe and convenient care has finally been struck down, and we look forward to continuing the work of expanding abortion access for all.”