In a recent court filing, Ohio Attorney General Dave Yost revealed that the state’s ban on most abortions has been deemed unconstitutional, in light of an amendment to the Ohio Constitution. This noteworthy development comes on the heels of voters supporting a measure for securing access to abortion as of November 2023.
The contentious legislation in question, known as the “Human Rights Protection Act” and previously enacted by the Ohio legislature and signed into law as Senate Bill (S.B.) 23, effectively bans abortions as early as five weeks into pregnancy. This law does not provide for exceptions in cases of rape or incest, only those deemed necessary to save the life of the mother.
Following its ratification, a federal judge halted the law’s enforcement in response to a lawsuit filed by the ACLU to seek an injunction. The state’s request to dismiss the injunction was subsequently declined by an appeals court. In spite of these significant events, the Ohio Supreme Court allowed the law to take effect following the release of the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in June 2022.
The crux of the ongoing legal debate now pertains to Ohio Issue 1, the Right to Make Reproductive Decisions Including Abortion Initiative, a ballot measure approved by voters in 2023. Yost’s recent filing notes that the new amendment to the Constitution clearly invalidates the original law’s fundamental prohibition.
However, Attorney General Dave Yost identifies other key components of S.B. 23, such as R.C. 2919.192 and R.C. 2919.196, that should remain untouched. He also urged the court to uphold R.C. 2919.197, and R.C. 2919.198 to protect healthcare providers and patients respectively.