In a major victory for abortion rights advocates, an Ohio judge has permanently struck down the state’s six-week abortion ban. The ruling, issued on Thursday by Hamilton County Common Pleas Judge Christian Jenkins, effectively nullifies the law, citing the state’s recently adopted constitutional amendment that protects reproductive freedom.
This decision marks a significant shift in the legal landscape for abortion access in Ohio. The six-week ban, passed in 2019, had faced legal challenges since its inception, and its implementation was briefly allowed in 2022 following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. However, the court subsequently issued temporary restraining orders, ultimately leading to the permanent injunction issued this week.
Judge Jenkins emphasized the clear message delivered by Ohio voters through their approval of the constitutional amendment. He wrote in his filing, “Ohio voters have spoken. The Ohio Constitution now unequivocally protects the right to abortion.” The decision also emphasizes the practical consequences of the amendment, as described by Jessie Hill, cooperating attorney for the ACLU of Ohio, who stated, “This is a momentous ruling, showing the power of Ohio’s new Reproductive Freedom Amendment in practice. The six-week ban is blatantly unconstitutional and has no place in our law.”
The ruling was met with mixed reactions. Pro-choice organizations celebrated the decision as a significant victory for reproductive rights, while pro-life groups criticized the judge’s decision and expressed concerns about the future of abortion access in the state.
The legal battle surrounding Ohio’s abortion laws is far from over. While the permanent injunction has effectively halted the six-week ban, the broader implications of the ruling and the state’s future abortion policies remain to be seen. This decision sets a precedent for future legal challenges to abortion restrictions in Ohio and potentially across the nation, highlighting the ongoing battle over reproductive rights in the post-Dobbs era.