In a pivotal ruling on Friday, a Franklin County judge temporarily halted the enforcement of Ohio’s 24-hour waiting period for abortions, a key element of several state laws recently challenged. This decision marks the first judicial review addressing a 2023 constitutional amendment that enshrines the right to abortion access in Ohio.
Attorney General Dave Yost, a Republican, has announced plans to appeal the decision.
Judge David C. Young of the Franklin County Common Pleas Court determined that the language of the 2023 Issue 1 amendment was “clear and unequivocal.” He concluded that the evidence presented by Preterm-Cleveland and other plaintiffs, including abortion providers, demonstrated that the statutes in question place an undue burden on patients seeking abortions and on those who assist them.
The legislation under scrutiny includes the 24-hour waiting period, mandatory in-person consultations, and various informational requirements for those seeking abortions. Judge Young ruled that these provisions do not contribute to patient health benefits.
“This ruling represents a significant win for those seeking abortions and for Ohioans who supported the constitutional amendment to safeguard reproductive rights and personal autonomy,” commented Jessie Hill, an attorney with the ACLU of Ohio. “The decision underscores that the newly amended Ohio Constitution is functioning as intended by its voters: to protect the fundamental right to abortion and to prevent the state from encroaching upon it, except when necessary to protect the health of the individual.”
The ACLU plans to seek a permanent injunction based on this temporary ruling.
Judge Young dismissed the state’s argument for applying pre-Dobbs standards, referencing the 2022 U.S. Supreme Court decision that overturned Roe v. Wade and returned the regulatory power to the states.
Yost’s office countered that waiting periods and informed consent requirements were previously upheld under Roe v. Wade, which provided legal protections for abortion for nearly five decades.
“We acknowledge the voices of Ohioans and the fact that reproductive rights are now constitutionally protected,” stated Bethany McCorkle, a spokesperson for Yost. “However, we respectfully disagree with the court’s view that informed consent and waiting periods are burdensome. These measures are crucial for ensuring patient safety and informed decision-making.”
