Ohio Judge Declares State's Abortion Ban Unconstitutional and Grants Permanent Injunction

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ICARO Media Group
Politics
24/10/2024 22h20

The ruling was issued by Judge Christian Jenkins of the Hamilton County Common Pleas Court.

According to Judge Jenkins, Ohio’s prohibition on most abortions contradicts an amendment to the state constitution, which voters approved to protect reproductive healthcare. "Ohio voters have spoken. The Ohio constitution now unequivocally protects the right to abortion," Jenkins asserted in his ruling.

This particular law, passed by Ohio lawmakers in 2019, only took effect in June 2022 following the U.S. Supreme Court's decision to overturn Roe v. Wade. It banned abortions as early as six weeks into pregnancy, due to the detection of fetal cardiac or embryonic activity. However, Jenkins had already temporarily halted the enforcement of the law within three months of its activation.

Healthcare providers in Ohio argued for a permanent injunction, contending that the legislation forced patients to travel out-of-state for reproductive care and endangered local clinics. One notable incident involved a young assault victim from Columbus, Ohio, who had to travel to Indiana for abortion services, further igniting public outrage against the restrictive measure.

The move to secure reproductive healthcare rights in the state constitution was backed by a proactive ballot initiative. The campaign succeeded in November of the previous year, gaining the approval of 57% of Ohioan voters.

"This is a momentous ruling, showing the power of Ohio's new Reproductive Freedom Amendment in practice," said Jessie Hill, who serves as a cooperating attorney for the American Civil Liberties Union of Ohio. Hill emphasized that the six-week ban is "blatantly unconstitutional" and should not be part of Ohio law.

Jenkins' decision comes on the heels of similar judicial action. Several months prior, Judge David C. Young of the Franklin County Common Pleas Court temporarily suspended several state laws that imposed a mandatory 24-hour waiting period for abortions. Young declared the state constitutional amendment safeguarding abortion rights to be "clear and unambiguous," supporting the arguments of Preterm Cleveland and other healthcare providers.

The state's attorney general has signaled intent to appeal Judge Young's ruling. As the political dialogue on reproductive rights intensifies, Democratic presidential candidate Kamala Harris has underscored the importance of protecting these rights, referencing the Trump-appointed Supreme Court justices who contributed to the overturning of Roe v. Wade. The ruling could have significant implications for voter sentiment, particularly among women.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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