Ohio judge strikes down state abortion ban because voters passed reproductive rights amendment

An Ohio county judge on Thursday ruled that the state's abortion ban is now unconstitutional because voters passed an amendment to the state constitution last year that protects the right to reproductive healthcare.

Ohio passed a law in 2019 that banned most abortions once cardiac activity is detected, which is typically around six weeks. But that cutoff is before most women know they are pregnant. 

Voters approved a change to the state law through an amendment to the state constitution last November, which ensures women have the “right to make and carry out one’s own reproductive decisions."

Ohio Attorney General Dave Yost attempted to enforce portions of the state law this spring, requesting in court filings that certain notification and reporting provisions remain the same. But Hamilton County Common Pleas Judge Christian Jenkins on Thursday ruled that keeping those provisions would mean subjecting healthcare professionals to possible criminal charges and fines, the Associated Press reported.

"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 in his order. “Ohio voters have spoken. The Ohio constitution now unequivocally protects the right to abortion."

Yost's office said it was reviewing the order and has not reached a decision on whether it plans to appeal. 

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.