The Right to Reproductive Freedom Amendment Passes, Enshrining Abortion Rights in Ohio’s Constitution
On November 7, 2023, Ohio voters passed “The Right to Reproductive Freedom with Protections for Health and Safety” constitutional amendment, also known as Issue 1. It will go into effect on December 7, 2023.
March 29, 2024: Abortion Providers Challenge the 24-Hour Waiting Period
The ACLU of Ohio filed a lawsuit on behalf of Preterm Cleveland and other Ohio abortion providers, challenging the state’s 24-Hour Waiting Period.
Ohio has a legal restriction on abortion access that forces patients to attend an in-person consultation 24-hours before their abortion procedure. This legal restriction also forces abortion providers to hand out state-mandated material at the consultation that is meant to discourage the patient from pursuing an abortion.
There is no medical reason for the 24-hour waiting period. This waiting period instead creates additional barriers for patients, forcing them to have an unnecessary second visit. The lawsuit argues that, under the Right to Reproductive Freedom with Exceptions for Health and Safety amendment passed on November 7, 2024, the 24-hour waiting period is unconstitutional.
March 26, 2024: SCOTUS Hears Oral Arguments In Mifepristone Case
The Supreme Court of the United States heard oral arguments in FDA vs. Alliance for Hippocratic Medicine.
Alliance for Hippocratic Medicine and other anti-abortion groups argued that the FDA’s current guidelines around Mifepristone are unsafe. Mifepristone is proven safe and effective for abortions and miscarriage management when used as directed.
The Supreme Court has not made any decisions. Mifepristone can still be used in medication abortions through 10 weeks of pregnancy.
December 20, 2023: Supreme Court Dismisses Appeal
The Ohio Supreme Court has dismissed the state’s appeal of the temporary injunction that has protected abortion access. It was dismissed due to the effects of The Right to Reproductive Freedom Amendment, that went into effect on December 7th.
November 7, 2023: Right to Reproductive Freedom Amendment Voted into Law
Ohioans voted in favor of The Right to Reproductive Freedom Amendment with Protections for Health and Safety. This amendment enshrine abortion in the state constitution as well as other reproductive healthcare decisions. It will go fully into effect on December 7, 2023.
April 21, 2023: Mifepristone Updates - Supreme Court Blocks Restrictions
On April 21, the Supreme Court blocked restrictions on mifepristone. This means that mifepristone can still be used in conjunction with misoprostol in medication abortions through nine weeks. Mifepristone may also be used in miscarriage management.
The case hasn’t gone away completely, and may go to the Supreme Court. We will expect more updates after May 17th.
April 12, 2023: Mifepristone Updates - The Texas Case
On April 7, a federal judge in Texas ruled to suspend the FDA’s approval of mifepristone. Currently, mifepristone is still available for use in medication abortions, but that may change. Here’re the big takeaways:
Federal Government has until April 14 to appeal the decision. Until then, there is no change to mifepristone access. We will know more on or after this date.
There was a ruling out of Washington that protected the use of mifepristone for medication abortions. This ruling has no impact on Ohio’s law.
Many clinics will still provide medication abortions if mifepristone becomes unavailable. National Abortion Federation has put out guidelines for providing medication abortions with misoprostol alone.
July 21, 2022: Updates
As anti-abortion politicians work to ban abortion in our state, we’re here to keep you updated on abortion-realted bills that are currently moving through, have recently passed, or are paused in, the Ohio legislature, and what happens to abortion access now that Roe v. Wade is overturned. Here’s the latest:
Senate Bill 23: “Fetal Heartbeat” Abortion Ban
The abortion ban was signed into law by Gov. DeWine on April 10, 2019, requiring providers to check for a fetal heartbeat, and prohibiting abortion once detected. A fetal heartbeat can be detected as early as five or six weeks of pregnancy, two weeks after a missed menstrual period.
The injunction on this bill was lifted by a federal judge on June 24th, 2022. This bill is now law in Ohio.
A separate injunction was granted on September 14, 2022. While this is currently being challenged by the Attorney General, the six week ban is currently not in effect.
Senate Bill 27: Forced Burial Bill:
On December 30, 2020, Gov. DeWine signed SB 27, which requires burial or cremation of fetal tissue following an abortion. The law carries a first-degree misdemeanor penalty for clinic workers who do not bury or cremate fetal remains.
This piece of legislation is currently being litigated in state court.
Senate Bill 260: Telemedicine Abortion Ban:
Gov. DeWine signed SB 260 on January 9, 2021. This law bans doctors from using telemedicine options to prescribe abortion medication to patients.
This piece of legislation is currently being litigated in state court.
House Bill 598: Full Abortion Ban
A bill is being proposed in the Ohio House of Representatives to ban all abortions, with exemptions only for saving the life of the pregnant person, and criminalize those performing or promoting abortion, or delivering tools like medication abortion. This “trigger law” would immediately make having or providing an abortion illegal in the state once Roe v. Wade is overturned.
This bill is currently being debated in the House. It has not moved on to the Senate, and Gov. DeWine has not yet signed the bill into law.
House Bill 480: Abortion Civil Suit
A bill is being proposed in the Ohio House of Representatives to allow private citizens to sue any provider who performs or attempts to perform an abortion as well as anyone who “aids or abets” an abortion. It also defines fertilization as the start of pregnancy, which can potentially impact accessibility to IUDs (intrauterine devices) and emergency contraceptives. The bill appears to establish fetal personhood across the Ohio Revised Code (the codified law of the state).
This bill is currently scheduled to be debated in the House. It has not moved on to the Senate, and Gov. DeWine has not yet signed the bill into law.
June 29, 2020: SCOTUS Update, June V. Russo
The high court ruled 5-4 in favor of Louisiana abortion provider June Medical Services. The case was almost identical to the 2016 case Whole Woman's Health v. Hellerstedt, where Texas abortion providers won a ruling that said that abortion restrictions such as admitting privilege requirements are unconstitutional undue burdens. The case does not affect Ohio abortion restrictions directly, but reaffirms the clear guidance from the court against such laws. Learn more by watching the discussion between Kelley Fox (OhioRCRC.org) and Prof. Jessie Hill below about today's US Supreme Court decision in June v. Russo.
While we are thankful that the ruling on June V. Russo protects current levels of abortion access, for far too long, the right to abortion has been meaningless for many Ohioans because of a meaningful lack of access to abortion care. A manufactured anti-abortion majority in the state has spent the last decade attacking access and making it harder and harder for pregnant individuals to get the abortion care they need and deserve, passing 23 restrictions on reproductive health care since 2011.
JULY 2019: What is the current status of abortion law in Ohio?
Even though Governor DeWine has signed the anti-abortion Senate Bill 23 into law, abortion is still legal in Ohio. Just a week before the law was supposed to go into effect, a federal judge blocked Ohio’s six-week abortion ban. This law would have prevented most women and people from accessing abortion care before they even knew they were pregnant.
Despite Anti-Choice Efforts, Abortion Is Still Legal in Ohio
On April 11, Ohio Governor Mike DeWine signed Senate Bill 23, one of the nation’s most restrictive abortion bans, into law. This law effectively bans access to all abortion procedures prior to six weeks of pregnancy, before most people even know they’re pregnant. The law was scheduled to go into effect on July 10, but a federal judge blocked the law for the duration of the legal challenge. So, for now, legal abortion services will continue to be available in Ohio as they have been: up until 21.5 weeks from a person’s last period.
With our friends at the ACLU, every abortion clinic in Ohio is challenging this law in court to protect abortion access in Ohio. We are taking on this unconscionable, dangerous abortion ban – we are committed to fighting to keep abortion legal, available, and free of shame and judgment.
The law was scheduled to go into effect on July 10, but the judge ruled to block the law during the court challenge. The block will last during the entire course of litigation, which can take years. In every other state where a similar lawsuit is taking place, the block has been granted. This means that abortion care will continue at all abortion clinics in Ohio.
We are resolute in our opposition to this bill. Politicians make it nearly impossible for women and people who can become pregnant in Ohio to make personal, healthy decisions about their pregnancies. When care is unavailable, the harm falls hardest on those struggling financially or those who already face significant barriers to health care – young people, people of color, people in poverty, LGBTQ people, people with disabilities, and people of varying immigration status.
Governor DeWine and politicians in Ohio may believe this is the end, but we are committed to continuing the fight to actualize affordable access to comprehensive reproductive health services for all Ohioans.