abortion in Ohio
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{{Use mdy dates|date=June 2024}}
File:November 2023 Ohio Issue 1 results map by county.svg
Abortion in Ohio is legal on request up to the point of fetal viability (roughly 23 weeks) as a result of abortion rights being placed into the Ohio State Constitution by November 2023 Ohio Issue 1, adopted by 56% of voters.{{cite news |title=Starting today, Ohioans have a constitutional right to an abortion as Issue 1 takes effect |url=https://www.ideastream.org/2023-12-07/starting-today-ohioans-have-a-constitutional-right-to-an-abortion-as-issue-1-takes-effect |access-date=2023-12-07 |website=Ideastream Public Media|date=December 7, 2023 |last1=Ingles |first1=Jo}}
Planned Parenthood and the ACLU are advocating in court to have other pre-amendment restrictions nullified, such as a 24-hour waiting period, laws prohibiting advanced practice nurses and similar healthcare providers from prescribing abortion medications, and a law prohibiting the prescription of mifepristone (which is commonly used for medication abortion) for any off-label use.{{cite news |last1=Zuckerman |first1=Jake |title=Planned Parenthood broadens lawsuit, targeting mifepristone abortion restrictions |url=https://www.cleveland.com/open/2024/05/planned-parenthood-broadens-lawsuit-targeting-mifepristone-abortion-restrictions.html |website=cleveland.com|access-date=2024-06-02 |date=May 10, 2024}}
Current Ohio law
Due to November 2023 Ohio Issue 1, abortions up to fetal viability are legal in Ohio. Ohio has multiple layers of law on abortion, resulting from multiple laws passed over the decades. However, these laws are no longer enforceable.
A "heartbeat bill" that banned abortions after six weeks of gestational age that was enacted before Issue 1 was challenged in court, with the Attorney General of Ohio and other Republican leaders in Ohio defending it in court.{{Cite news |last=Tebben |first=Susan |date=2024-03-05 |title=Clinics ask court to declare Ohio six-week abortion ban unconstitutional after amendment passage|work=Ohio Capital Journal |url=https://ohiocapitaljournal.com/2024/03/05/clinics-ask-court-to-declare-ohio-six-week-abortion-ban-unconstitutional-after-amendment-passage/|language=en-US}}{{Cite news|last=Balmert |first=Jessie |date=2024-03-18 |title=Ohioans approved protections for abortion rights. But most restrictions remain on the books |url=https://www.usatoday.com/story/news/politics/elections/2024/03/18/ohio-voters-abortion-2024/73015168007/|work=USA Today |language=en-US}} The six-week abortion ban was struck down by an Ohio judge in October 2024.{{Cite news|date=2024-10-24 |title=Ohio's six-week abortion ban struck down |url=https://www.toledoblade.com/local/courts/2024/10/24/ohio-abortion-ban-struck-down-judge-court-six-week-constitution-voters-rights/stories/20241024132|work=Toledo Blade |language=en-US}}
= Laws no longer enforceable =
On April 11, 2019, Ohio Governor Mike DeWine signed the Human Rights and Heartbeat Protection Act, which banned abortion in Ohio after any embryonic cardiac activity is detected.{{Cite web|url=https://codes.ohio.gov/ohio-revised-code/section-2919.19|title=Ohio Revised Code Section 2919.19: Definitions for ORC sections 2919.191 to 2919.1910.|website=codes.ohio.gov|access-date=2022-05-04}}{{Cite news |title=The Texas Abortion Ban Hinges On 'Fetal Heartbeat.' Doctors Call That Misleading |language=en |work=NPR.org |url=https://www.npr.org/sections/health-shots/2021/09/02/1033727679/fetal-heartbeat-isnt-a-medical-term-but-its-still-used-in-laws-on-abortion |access-date=2022-05-05}} No exceptions were made for rape, incest or fetal inviability; the only exception, according to ORC 2919.193(B),{{Cite web|url=https://codes.ohio.gov/ohio-revised-code/section-2919.193|title=Ohio Revised Code Section 2919.193: Determination of detectable fetal heartbeat; penalties.|website=codes.ohio.gov|access-date=2022-05-04}} is a medical emergency, defined in 2919.16(F) & (K) as "serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman."{{Cite web|url=https://codes.ohio.gov/ohio-revised-code/section-2919.16|title=Ohio Revised Code Section 2919.16: Post-viability abortion definitions.|website=codes.ohio.gov|access-date=2022-05-04}}
Included in this law, ORC 2919.198, was a section called "Immunity of pregnant woman." This section overrides penalties for pregnant women who undertake an abortion after embryonic cardiac activity had been detected.{{Cite web|url=https://codes.ohio.gov/ohio-revised-code/section-2919.198|title=Ohio Revised Code Section 2919.198: Immunity of pregnant woman.|website=codes.ohio.gov|access-date=2022-05-04}} This release of penalties did not extend to physicians or doctors who administered the abortion past detectable cardiac activity.
The law only went into effect on June 24, 2022, after the Supreme Court of the United States overturned Roe v. Wade.{{Cite news |last=Hancock |first=Laura |date=2022-06-24 |title=Federal judge allows blocked 'heartbeat bill' to take effect, banning abortion around six weeks in Ohio |url=https://cleveland.com/news/2022/06/federal-judge-allows-blocked-heartbeat-bill-to-take-effect-banning-abortion-around-six-weeks-in-ohio.html |access-date=2022-06-25 |website=cleveland}}{{Cite web |last=Knight |first=Anna Staver and Cameron |title=Ohio's six-week abortion ban becomes law hours after Supreme Court's Dobbs decision |url=https://www.cincinnati.com/story/news/2022/06/24/supreme-court-decision-ohios-six-week-abortion-ban-becomes-law/7728925001/ |access-date=2022-06-25 |website=The Enquirer |language=en-US}} On October 7, a judge granted a motion for preliminary injunction against the abortion bans.{{cite web|last=Yang|first=Maya|title=Ohio court blocks six-week abortion ban indefinitely|url=https://www.theguardian.com/us-news/2022/oct/07/ohio-court-blocks-six-week-abortion-ban-indefinitely|access-date=2022-10-07|website=The Guardian|date=2022-10-07}} The decision meant abortions through 22 weeks gestation could continue, in keeping with state law in place before the ban.
Context
{{See also|Abortion in the United States}}According to a 2017 report from the Center for Reproductive Rights and Ibis Reproductive Health, states that tried to pass additional constraints on a woman's ability to access legal abortions had fewer policies supporting women's health, maternal health and children's health. These states also tended to resist expanding Medicaid, family leave, medical leave, and sex education in public schools.{{Cite web|url=https://www.nbcnews.com/health/womens-health/states-pushing-abortion-bans-have-higher-infant-mortality-rates-n1008481|title=States pushing abortion bans have highest infant mortality rates|website=NBC News|language=en|access-date=May 25, 2019|archive-url=https://web.archive.org/web/20190525080658/https://www.nbcnews.com/health/womens-health/states-pushing-abortion-bans-have-higher-infant-mortality-rates-n1008481|archive-date=May 25, 2019|url-status=live}} According to Megan Donovan, a senior policy manager at the Guttmacher Institute, states with legislation that protects a woman's right to access abortion services have the lowest rates of infant mortality in the United States. In 2017, Georgia, Ohio, Missouri, Louisiana, Alabama and Mississippi had among the highest rates of infant mortality in the United States. In 2017, Ohio had an infant mortality rate of 7.2 deaths per 1,000 live births.
In the 2022 Ohio child-rape and Indiana abortion case a ten-year-old girl from Columbus, Ohio traveled to Indiana to get an abortion because the 6-week abortion ban passed did not provide an exception for those who became pregnant because of rape. This includes those who are children or are otherwise minors. Her case drew national attention and commentary from public figures, due in part to its proximity to the June 24, 2022, decision of the Supreme Court of the United States in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and allowed states, including Ohio, to impose unlimited limitations on abortion access.{{Cite news |last=Hauser |first=Christine |date=2023-07-05 |title=Man Gets Life Sentence in Rape of Child Who Traveled for Abortion |language=en |work=The New York Times |url=https://www.nytimes.com/2023/07/05/us/ohio-abortion-rape-trial.html |access-date=2023-08-09}}{{cite news |last1=Bruner |first1=Bethany |last2=Trombly |first2=Monroe |last3=Cook |first3=Tony |date=July 13, 2022 |title=Arrest made in rape of Ohio girl that led to Indiana abortion drawing international attention |work=The Columbus Dispatch |url=https://www.dispatch.com/story/news/2022/07/13/columbus-man-charged-rape-10-year-old-led-abortion-in-indiana/10046625002/ |url-access=subscription |access-date=August 5, 2022}}{{cite news |last1=Bushard |first1=Brian |date=July 22, 2022 |title=Ohio Man Indicted For Raping 9-Year-Old Who Was Forced To Travel To Indiana For Abortion |language=en |work=Forbes |url=https://www.forbes.com/sites/brianbushard/2022/07/22/ohio-man-indicted-for-raping-9-year-old-who-was-forced-to-travel-to-indiana-for-abortion/?sh=ec62fce55f6e |access-date=January 2, 2023}}
In September 2022, shortly after Ohio's 6-week abortion ban went into effect, a woman made national news when she almost bled to death after an Ohio hospital refused to treat her miscarriage.{{cite news |last1=Simmons-Duffin |first1=Selena |date=November 15, 2022 |title=Her miscarriage left her bleeding profusely. An Ohio ER sent her home to wait|language=en |work=NPR |url=https://www.npr.org/sections/health-shots/2022/11/15/1135882310/miscarriage-hemorrhage-abortion-law-ohio |access-date=September 10, 2023}} In late September 2022, abortion providers filed affidavits in Cincinnati as part of a lawsuit aimed at stopping enforcement of the 6-week abortion ban. The affidavits detailed instances of minors who had been sexually assaulted having to leave the state to obtain abortions, several women who threatened suicide or self-harm because of the inability to receive an abortion, and women with cancer who were refused abortions and could not receive cancer treatment while pregnant.{{cite news |last1=Schladen |first1=Marty |date=September 22, 2022 |title=Affidavits: More pregnant minors who were raped denied Ohio abortions |work=Ohio Capital Journal |url=https://ohiocapitaljournal.com/2022/09/22/affidavits-more-pregnant-minors-who-were-raped-denied-ohio-abortions/#:~:text=By%3A%20Marty%20Schladen%20%2D%20September%2022%2C%202022%205%3A00%20am&text=At%20least%20two%20more%20minors,affidavits%20filed%20by%20abortion%20providers. |access-date=November 5, 2023}}
In the year following the overturn of Roe v. Wade in 2022, 210 pregnant women in a dozen states were criminally charged for conduct associated with their pregnancy, pregnancy loss or birth. Six states — Alabama, Mississippi, Ohio, Oklahoma, South Carolina and Texas — accounted for most cases.{{Cite web |last=Vollers |first=Anna Claire |date=2024-10-01 |title=200+ women faced criminal charges over pregnancy in year after Dobbs, report finds |url=https://missouriindependent.com/2024/10/01/200-women-faced-criminal-charges-over-pregnancy-in-year-after-dobbs-report-finds/ |access-date=2024-10-22 |website=Missouri Independent |language=en}}
In September 2023, 34 year old Brittany Watts of Warren, Ohio was arrested after having a miscarriage at home and was charged with "abusing a corpse". An Ohio grand jury later dismissed the charges.{{cite news |last1=Bellamy |first1=Clara |date=January 26, 2024 |title=Black woman charged after miscarrying in bathroom shares feelings about arrest |work=NBC News |url=https://www.nbcnews.com/news/nbcblk/brittany-watts-miscarriage-bathroom-charged-rcna135861|access-date=October 12, 2024}}
History
= Legislative history =
By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions.{{Cite journal|last=Buell|first=Samuel|date=1991-01-01|title=Criminal Abortion Revisited|url=https://scholarship.law.duke.edu/faculty_scholarship/2174|journal=New York University Law Review|volume=66|issue=6|pages=1774–1831|access-date=2019-05-22|archive-url=https://web.archive.org/web/20180621092551/https://scholarship.law.duke.edu/faculty_scholarship/2174/|archive-date=2018-06-21|url-status=live|pmid=11652642}} In 1978, Akron, Ohio, passed a city ordinance that restricted abortion rights.{{Cite journal |last=Tyler |first=C. W. |date=1983 |title=The public health implications of abortion |journal=Annual Review of Public Health |volume=4 |pages=223–258 |doi=10.1146/annurev.pu.04.050183.001255 |issn=0163-7525 |pmid=6860439 |doi-access=}}
The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement.{{Cite web|url=https://www.guttmacher.org/sites/default/files/graphics/gpr1004/gpr100406t1.pdf|title=STATE POLICY ON INFORMED CONSENT FOR ABORTION|date=Fall 2007|website=Guttmacher Policy Review|access-date=May 22, 2019}} Mississippi, Nebraska, North Dakota and Ohio all had statutes in 2007 that required specific informed consent on abortion but also, by statute, allowed medical doctors performing abortions to disassociate themselves with the anti-abortion materials they were required to provide to their female patients.{{Cite web|url=https://www.guttmacher.org/gpr/2007/11/state-abortion-counseling-policies-and-fundamental-principles-informed-consent|title=State Abortion Counseling Policies and the Fundamental Principles of Informed Consent|date=2007-11-12|website=Guttmacher Institute|language=en|access-date=May 22, 2019|archive-url=https://web.archive.org/web/20190401083236/https://www.guttmacher.org/gpr/2007/11/state-abortion-counseling-policies-and-fundamental-principles-informed-consent|archive-date=April 1, 2019|url-status=live}} The Ohio legislature was one of five states nationwide that tried, and failed, to pass a "fetal heartbeat" bill in 2013. Only North Dakota successfully passed such a law, but it was later struck down by the courts.{{Cite news|url=https://www.nytimes.com/interactive/2019/us/abortion-laws-states.html|title=Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year|last=Lai|first=K. K. Rebecca|date=2019-05-15|work=The New York Times|access-date=May 24, 2019|language=en-US|issn=0362-4331}} They tried with this type of legislation again unsuccessfully in 2018.
Among those who believe that abortion is murder, some believe it may be appropriate to punish it with death. While attempts to criminalize abortion generally focus on the doctor, Texas state Rep. Tony Tinderholt (R) introduced a bill in 2017 and 2019 that may enable the death penalty in Texas for women who have abortions,{{Cite web|url=https://thehill.com/homenews/state-watch/438207-gop-texas-lawmaker-reintroduces-bill-that-would-allow-death-penalty-for|title=GOP Texas lawmaker reintroduces bill to allow death penalty for women who have abortions|last=Gstalter|first=Morgan|date=2019-04-10|website=TheHill|language=en|access-date=2019-04-10|archive-url=https://web.archive.org/web/20190410155341/https://thehill.com/homenews/state-watch/438207-gop-texas-lawmaker-reintroduces-bill-that-would-allow-death-penalty-for|archive-date=2019-04-10|url-status=live}} and the Ohio legislature considered a similar bill in 2018.{{Cite web|url=https://www.businessinsider.com/ohio-legislature-advances-6-week-and-total-abortion-ban-death-penalty-2018-11|title=Ohio's legislature is considering laws to ban abortion after 6 weeks, and could punish patients and abortion providers with the death penalty|last=Panetta|first=Grace|date=2018-11-20|website=Business Insider|archive-url=https://web.archive.org/web/20190410155340/https://www.businessinsider.com/ohio-legislature-advances-6-week-and-total-abortion-ban-death-penalty-2018-11|archive-date=2019-04-10|url-status=live|access-date=2019-04-10}}
In Ohio, a "fetal heartbeat" law, HB 125, was introduced in the state legislature in October 2011.{{cite web|url=http://archives.legislature.state.oh.us/bills.cfm?ID=129_HB_125|title=Laws, Acts, and Legislation|work=state.oh.us|access-date=2019-05-24|archive-url=https://web.archive.org/web/20160304004004/http://archives.legislature.state.oh.us/bills.cfm?ID=129_HB_125|archive-date=2016-03-04|url-status=live}} It was the only state in the country to try to pass such legislation that year. The bill was shelved by the Republican majority Senate to avoid controversy.{{cite web|url=http://thinkprogress.org/health/2012/11/28/1248331/ohio-lawmakers-give-up/|title=Ohio Lawmakers Give Up On Anti-Choice Legislation|work=ThinkProgress|access-date=2019-05-24|archive-url=https://web.archive.org/web/20160304091646/http://thinkprogress.org/health/2012/11/28/1248331/ohio-lawmakers-give-up/|archive-date=2016-03-04|url-status=live}} This bill was notably supported by John C. Willke.{{cite web|url=http://www.nbcnews.com/id/44879242/ns/politics-more_politics/t/abortion-foes-push-fetal-heartbeat-bills-states/|title=Abortion foes push fetal heartbeat bills in states|work=msnbc.com|access-date=2019-05-24|archive-url=https://web.archive.org/web/20190607011826/http://www.nbcnews.com/id/44879242/ns/politics-more_politics/t/abortion-foes-push-fetal-heartbeat-bills-states/|archive-date=2019-06-07|url-status=dead}} A related law was signed in Ohio in 2013 by Governor John Kasich, which mandates, among other things, that doctors who do not test for embryonic cardiac activity when a patient seeks an abortion, tell the patient in writing if there is embryonic cardiac activity, and then tell them the statistical likelihood that the fetus could be carried to term, are subject to criminal penalties; specifically, "The doctor's failure to do so would be a first-degree misdemeanor, carrying up to six months in jail, for the first violation and a fourth-degree felony, carrying up to 18 months in jail, for subsequent violations."{{cite web|url=http://www.toledoblade.com/Politics/2013/07/08/Both-sides-of-debate-find-Ohio-abortion-law-decision-to-be-historic.html#YcqIPjQgpUhlWiy3.99|title=Both sides of debate find Ohio abortion law decision to be historic|author=Provance, Jim|date=July 8, 2013|work=Toledo Blade|access-date=July 28, 2013|archive-url=https://web.archive.org/web/20130719220906/http://www.toledoblade.com/Politics/2013/07/08/Both-sides-of-debate-find-Ohio-abortion-law-decision-to-be-historic.html#YcqIPjQgpUhlWiy3.99|archive-date=July 19, 2013|url-status=live}} A bill similar to the 2011–2012 bill was introduced by Christina Hagan in 2013, titled HB 248.{{cite web|url=http://archives.legislature.state.oh.us/bills.cfm?ID=130_HB_248|title=Laws, Acts, and Legislation|work=state.oh.us|access-date=2019-05-24|archive-url=https://web.archive.org/web/20150124112635/http://archives.legislature.state.oh.us/bills.cfm?ID=130_HB_248|archive-date=2015-01-24|url-status=live}} A further "fetal heartbeat" law was introduced on August 14, 2013, by Lynn Wachtmann and others.{{cite web|url=http://www.dispatch.com/content/stories/public/2013/08/15/heartbeat-bill-reintroduced.html|title=Fate unclear for new pro-life 'heartbeat bill'|author=Hallett, Joe|date=August 15, 2013|publisher=Columbus Dispatch|access-date=August 23, 2013|archive-url=https://web.archive.org/web/20130827055858/http://www.dispatch.com/content/stories/public/2013/08/15/heartbeat-bill-reintroduced.html|archive-date=August 27, 2013|url-status=live}} In 2013, Ohio passed a Targeted Regulation of Abortion Providers (TRAP) bill containing provisions related to admitting privileges and licensing and requiring clinics to have a transfer agreement with a hospital.{{Cite web|url=https://www.guttmacher.org/gpr/2013/06/trap-laws-gain-political-traction-while-abortion-clinics-and-women-they-serve-pay-price|title=TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price|date=2013-06-27|website=Guttmacher Institute|language=en|access-date=May 27, 2019|archive-url=https://web.archive.org/web/20190527075201/https://www.guttmacher.org/gpr/2013/06/trap-laws-gain-political-traction-while-abortion-clinics-and-women-they-serve-pay-price|archive-date=May 27, 2019|url-status=live}} "Fetal heartbeat" bills appeared again in the state legislature in 2014. On March 25, 2015, another "heartbeat" bill (House Bill 69) passed the Ohio House of Representatives.{{cite web|url=http://college.usatoday.com/2015/04/06/ohio-abortion-bill-creating-controversy-among-college-women/|title=Ohio abortion bill creating controversy among college women|author=Oates, Lindsey J.|date=April 6, 2015|work=USA Today|access-date=August 11, 2015|archive-url=https://web.archive.org/web/20150808073338/http://college.usatoday.com/2015/04/06/ohio-abortion-bill-creating-controversy-among-college-women/|archive-date=August 8, 2015|url-status=live}} The Guardian reported that "The bill is unlikely to go any further, facing stiff opposition in the senate as well as from John Kasich, the Republican governor of Ohio."{{cite web|url=https://www.theguardian.com/us-news/2015/mar/25/ohio-anti-abortion-heartbeat-bill-passes-house|title=Ohio anti-abortion 'heartbeat bill' passes in house but likely to face opposition|author=Siddiqui, Sabrina|date=March 25, 2015|work=The Guardian|access-date=August 11, 2015|archive-url=https://web.archive.org/web/20150812053355/http://www.theguardian.com/us-news/2015/mar/25/ohio-anti-abortion-heartbeat-bill-passes-house|archive-date=August 12, 2015|url-status=live}} On December 6, 2016, the Ohio Senate added a heartbeat ban provision to an unrelated bill, House Bill 493, previously passed by the Ohio House of Representatives. The bill was returned to the House and passed by the House the same day.{{cite web|url=http://www.dispatch.com/content/stories/local/2016/12/06/ohio-senate-passes-heartbeat-bill.html|title=House joins Senate in approving heartbeat abortion bill|last1=Cadinsky|first1=Catherine|last2=Ludlow|first2=Randy|website=The Columbus Dispatch|publisher=The Columbus Dispatch|access-date=December 7, 2016|last3=Siegel|first3=Jim|archive-url=https://web.archive.org/web/20161207140240/http://www.dispatch.com/content/stories/local/2016/12/06/ohio-senate-passes-heartbeat-bill.html|archive-date=December 7, 2016|url-status=live}} The bill as passed would make abortion after the detection of embryonic cardiac activity a fifth-degree felony except in cases where a physician judges the abortion necessary "to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman."{{cite web|url=http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_131/bills/hb493/PS/04?format=pdf|title=House Bill 493, As Passed By The Senate|date=December 6, 2016|website=The Ohio Legislature|publisher=The Ohio Legislature, 131st General Assembly|page=46|format=PDF|access-date=December 7, 2016|quote=Sec. 2919.195. (A) Except as provided in division (B) of this section, no person shall knowingly and purposefully perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the unborn human individual the pregnant woman is carrying and whose fetal heartbeat has been detected in accordance with division (A) of section 2919.192 of the Revised Code. Whoever violates this division is guilty of performing or inducing an abortion after the detection of a fetal heartbeat, a felony of the fifth degree. (B) Division (A) of this section does not apply to a physician who performs a medical procedure that, in the physician's reasonable medical judgment, is designed or intended to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. A physician who performs a medical procedure as described in this division shall declare, in a written document, that the medical procedure is necessary, to the best of the physician's reasonable medical judgment, to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. In the document, the physician shall specify the pregnant woman's medical condition that the medical procedure is asserted to address and the medical rationale for the physician's conclusion that the medical procedure is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. A physician who performs a medical procedure as described in this division shall place the written document required by this division in the pregnant woman's medical records. The physician shall maintain a copy of the document in the physician's own records for at least seven years from the date the document is created. (C) A person is not in violation of division (A) of this section if the person acts in accordance with division (A) of section 2919.192 of the Revised Code and the method used to determine the presence of a fetal heartbeat does not reveal a fetal heartbeat. (D) Division (A) of this section does not have the effect of repealing or limiting any other provision of the Revised Code that restricts or regulates the performance or inducement of an abortion by a particular method or during a particular stage of a pregnancy.|archive-url=https://web.archive.org/web/20161220102558/http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_131/bills/hb493/PS/04?format=pdf|archive-date=December 20, 2016|url-status=live}} On December 13, 2016, Kasich vetoed the bill.{{cite web|url=http://www.cleveland.com/open/index.ssf/2016/12/gov_john_kasich_vetos_anti-abo.html|title=Gov. John Kasich vetoes anti-abortion Heartbeat Bill, signs 20-week abortion ban|last1=Higgs|first1=Robert|date=December 13, 2016|website=Cleveland.com|location=Columbus|access-date=December 6, 2017|archive-url=https://web.archive.org/web/20180311053446/http://www.cleveland.com/open/index.ssf/2016/12/gov_john_kasich_vetos_anti-abo.html|archive-date=March 11, 2018|url-status=live}} Attempts to pass a "fetal heartbeat" law continued in 2016, with Ohio being one of eight states nationwide that tried and failed to pass such legislation.
In early 2018, the House considered a bill passed by the Senate to ban abortion after 13 weeks and require that fetal remains be cremated or buried.{{Cite web|url=https://www.pbs.org/newshour/politics/state-legislatures-see-flurry-of-activity-on-abortion-bills|title=State legislatures see flurry of activity on abortion bills|date=2018-02-03|website=PBS NewsHour|language=en-us|access-date=May 26, 2019|archive-url=https://web.archive.org/web/20190526165412/https://www.pbs.org/newshour/politics/state-legislatures-see-flurry-of-activity-on-abortion-bills|archive-date=May 26, 2019|url-status=live}} In 2018, the state was one of eleven where the legislature introduced a bill that failed to pass that would have banned abortion in almost all cases.
Nationally, 2019 was one of the most active years for state legislatures in terms of trying to pass abortion rights restrictions. State governments with Republican majorities started to push these bills after Brett Kavanaugh was confirmed as a US Supreme Court judge, replacing the more liberal Anthony Kennedy. These state governments generally saw this as a positive sign that new moves to restrict abortion rights would be less likely to face resistance in the courts.{{Cite news|url=https://www.nytimes.com/2019/05/15/us/abortion-laws-2019.html|title='The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It|last=Tavernise|first=Sabrina|date=2019-05-15|work=The New York Times|access-date=May 24, 2019|language=en-US|issn=0362-4331|archive-url=https://web.archive.org/web/20190524064213/https://www.nytimes.com/2019/05/15/us/abortion-laws-2019.html|archive-date=May 24, 2019|url-status=live}} Two "fetal heartbeat" bills were introduced in the Ohio General Assembly in 2019, marking the 133rd Session of the Ohio General Assembly as the fifth time such legislation has been proposed in the state.{{cite news|url=http://www.statenews.org/post/heartbeat-bill-gets-first-hearing-what-could-be-its-last-time-through-legislature|title=Heartbeat Bill Gets First Hearing For What Could Be Its Last Time Through The Legislature|last1=Kalser|first1=Karen|date=February 13, 2019|access-date=February 22, 2019|publisher=The Statehouse News Bureau|quote=It's the fifth time the Heartbeat Bill has been proposed. Republican House Speaker Larry Householder says he wants it to start in the Senate this time. But Rep. Ron Hood (R-Ashville) joined with fellow Republican Candice Keller (R-Middletown) to propose it in the House anyway, though he's on board with the Senate version too.|archive-url=https://web.archive.org/web/20190222151955/http://www.statenews.org/post/heartbeat-bill-gets-first-hearing-what-could-be-its-last-time-through-legislature|archive-date=February 22, 2019|url-status=live}} On February 11, 2019, Candice Keller and Ron Hood filed HB 68,{{cite news|url=https://www.wlwt.com/article/ohio-abortion-heartbeat-bill-returns-to-legislature/26301586|title=Ohio abortion 'heartbeat bill' returns to Legislature|date=February 12, 2019|publisher=WLWT5 (NBC)|agency=The Associated Press|access-date=May 24, 2019|archive-url=https://web.archive.org/web/20190524074634/https://www.wlwt.com/article/ohio-abortion-heartbeat-bill-returns-to-legislature/26301586|archive-date=May 24, 2019|url-status=live}} which was introduced in the Ohio House of Representatives on February 12, 2019.{{cite web|url=https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-68|title=133rd General Assembly - House Bill 68|website=legislature.ohio.gov|publisher=The Ohio Legislature|access-date=February 13, 2019|archive-url=https://web.archive.org/web/20190213064157/https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-68|archive-date=February 13, 2019|url-status=live}} On February 12, 2019, Kristina Roegner filed SB 23 in the Ohio Senate;{{cite news|url=https://thehill.com/news-by-subject/healthcare/429683-ohio-legislators-reintroduce-heartbeat-bill|title=Ohio lawmakers reintroduce 'heartbeat' abortion bill|last1=Frazin|first1=Rachel|date=February 12, 2019|access-date=February 13, 2019|publisher=thehill.com|archive-url=https://web.archive.org/web/20190213045526/https://thehill.com/news-by-subject/healthcare/429683-ohio-legislators-reintroduce-heartbeat-bill|archive-date=February 13, 2019|url-status=live}} the bill was referred to the Health, Human Services and Medicaid Committee on February 13, 2019.{{cite web|url=https://legiscan.com/OH/bill/SB23/2019|title=OH SB23 | 2019-2020 | 133rd General Assembly|website=legiscan.com|access-date=February 22, 2019|quote=Status: Introduced on February 12, 2019 . . . Action: 2019-02-13 - Refer to Committee: Health, Human Services and Medicaid|archive-url=https://web.archive.org/web/20190222095235/https://legiscan.com/OH/bill/SB23/2019|archive-date=February 22, 2019|url-status=live}} On February 21, 2019, the President of the Ohio Senate, Larry Obhof pledged to pass SB 23 out of the upper chamber stating, "We are going to pass that bill by the middle of March. I have no doubt at all."{{cite news|url=http://www.statenews.org/post/senate-president-says-heartbeat-bill-will-pass-his-chamber-next-month|title=Senate President Says "Heartbeat Bill" Will Pass His Chamber Next Month|last1=Kalser|first1=Karen|date=February 21, 2019|access-date=February 22, 2019|publisher=The Statehouse News Bureau|quote="We are going to pass that bill by the middle of March. I have no doubt at all," said Senate President Larry Obhof (R-Medina).|archive-url=https://web.archive.org/web/20190222124634/http://www.statenews.org/post/senate-president-says-heartbeat-bill-will-pass-his-chamber-next-month|archive-date=February 22, 2019|url-status=live}} On March 13, 2019, SB 23 was passed out of the Ohio Senate by a vote of 19 to 13.{{cite news|url=https://www.foxnews.com/faith-values/ohio-heartbeat-abortion-ban-closer-to-becoming-law|title=Ohio 'heartbeat' abortion ban passes Senate as governor vows to sign it|last1=Kaplan|first1=Talia|date=March 14, 2019|access-date=March 19, 2019|publisher=Fox News|archive-url=https://web.archive.org/web/20190318201456/https://www.foxnews.com/faith-values/ohio-heartbeat-abortion-ban-closer-to-becoming-law|archive-date=March 18, 2019|url-status=live}} The next month, the Ohio House amended the bill, and passed it, 56–40; the changes were ratified in the Senate, 18–13.{{Cite news|url=https://thehill.com/homenews/state-watch/438310-ohio-legislature-sends-heartbeat-abortion-bill-to-governors-desk|title=Ohio legislature sends 'heartbeat' abortion bill to governor's desk|last=Frazin|first=Rachel|date=April 10, 2019|work=The Hill|access-date=April 13, 2019|language=en|archive-url=https://web.archive.org/web/20190411012918/https://thehill.com/homenews/state-watch/438310-ohio-legislature-sends-heartbeat-abortion-bill-to-governors-desk|archive-date=April 11, 2019|url-status=live}} The bill was signed into law by Governor Mike DeWine on April 11, 2019.{{Cite news|url=https://www.upi.com/Top_News/US/2019/04/11/Ohio-Gov-DeWine-signs-heartbeat-abortion-bill/7831555016823/|title=Ohio Gov. DeWine signs 'heartbeat' abortion bill|last=Haynes|first=Danielle|date=April 11, 2019|work=UPI|access-date=April 13, 2019|language=en|archive-url=https://web.archive.org/web/20190412174153/https://www.upi.com/Top_News/US/2019/04/11/Ohio-Gov-DeWine-signs-heartbeat-abortion-bill/7831555016823/|archive-date=April 12, 2019|url-status=live}}{{Cite web|url=https://www.cleveland.com/metro/2019/05/abortion-rights-stopthebans-rally-set-for-tuesday.html|title=Abortion rights #StoptheBans rally set for Tuesday|last=Kilpatrick|first=Mary|date=2019-05-20|website=cleveland.com|language=en-US|access-date=May 25, 2019|archive-url=https://web.archive.org/web/20190525193626/https://www.cleveland.com/metro/2019/05/abortion-rights-stopthebans-rally-set-for-tuesday.html|archive-date=May 25, 2019|url-status=live}} At the time the bill passed, only 27% of the state legislators were female.{{Cite web|url=https://www.motherjones.com/politics/2019/05/gender-breakdown-state-legislatures-abortion-laws-alabama/|title=Yes, you can blame the patriarchy for these horrible abortion laws. We did the math.|website=Mother Jones|language=en-US|access-date=May 26, 2019|archive-url=https://web.archive.org/web/20190518043850/https://www.motherjones.com/politics/2019/05/gender-breakdown-state-legislatures-abortion-laws-alabama/|archive-date=May 18, 2019|url-status=live}} The law, slated to go into effect in July 2019, would make abortion illegal after embryonic cardiac activity can be detected, usually between five or six weeks into the pregnancy. No exceptions for cases of rape or incest are made.{{cite web|url=https://www.cbsnews.com/news/ohio-abortion-heartbeat-bill-pregnant-11-year-old-rape-victim-barred-abortion-after-new-ohio-abortion-bill-2019-05-13/|title=A pregnant 11-year-old rape victim in Ohio would no longer be allowed to have an abortion under new state law|last=Smith|first=Kate|date=May 13, 2019|website=CBS News|access-date=May 14, 2019|archive-url=https://web.archive.org/web/20190513231510/https://www.cbsnews.com/news/ohio-abortion-heartbeat-bill-pregnant-11-year-old-rape-victim-barred-abortion-after-new-ohio-abortion-bill-2019-05-13/|archive-date=May 13, 2019|url-status=live}}
In July 2019 a federal judge temporarily enjoined the state's officials, and the County Prosecutors of Cuyahoga, Hamilton, Franklin, Richland, Mahoning, Montgomery, and Lucas Counties, from enforcing this prohibition against the state's abortion providers.{{Cite web|url= https://www.reuters.com/article/us-usa-abortion-ohio/u-s-judge-blocks-ohio-heartbeat-law-to-end-most-abortions-idUSKCN1TY2PK|title=U.S. judge blocks Ohio 'heartbeat' law to end most abortions|last=Stempel|first=Jonathan|date=2019-07-03|website=www.reuters.com|access-date=2021-05-29}} This injunction does not, however, prevent County Prosecutors outside Cuyahoga, Hamilton, Franklin, Richland, Mahoning, Montgomery, and Lucas Counties from enforcing the criminal prohibition on post-embryonic cardiac activity abortions, nor does it prevent them from prosecuting individuals or organizations that aid or abet abortions after embryonic cardiac activity, which remains a criminal offense under Ohio law.{{Cite web|url=https://codes.ohio.gov/ohio-revised-code/section-2919.195 |title=Ohio Revised Code Section 2919.195: Performance of abortion after the detection of a fetal heartbeat; penalty|website=codes.ohio.gov|access-date=2021-05-29}}{{Cite web|url=https://codes.ohio.gov/ohio-revised-code/section-2923.03|title=Ohio Revised Code Section 2923.03: Complicity|website=codes.ohio.gov|access-date=2021-05-29}}
In November 2019, a bill was introduced by Candice Keller and Ron Hood, House Bill 413, which would if made into law ban abortion outright and require doctors to reimplant an ectopic pregnancy, a medical procedure that obstetricians and gynecologists contend is currently impossible.{{cite news |last1=Glenza |first1=Jessica |title=Ohio bill orders doctors to 'reimplant ectopic pregnancy' or face 'abortion murder' charges |url=https://www.theguardian.com/us-news/2019/nov/29/ohio-extreme-abortion-bill-reimplant-ectopic-pregnancy |access-date=November 29, 2019 |work=The Guardian |date=November 29, 2019}}
In 2020 a bill was signed into law in Ohio requiring all aborted fetal tissue to be cremated or buried.{{Cite web|url=https://www.news5cleveland.com/news/state/dewine-signs-bill-that-requires-women-to-choose-burial-or-cremation-of-aborted-fetal-tissue|title=DeWine signs bill that requires women to choose burial or cremation of aborted fetal tissue|date=December 31, 2020|website=WEWS}}
In 2021 the city of Lebanon, Ohio, passed an ordinance whereby abortion at all stages of pregnancy was outlawed.{{Cite web |last=Endale |first=Brook |date=2021-05-25 |title=Lebanon is first city in Ohio to ban abortions |url=https://www.cincinnati.com/story/news/2021/05/25/lebanon-city-council-vote-abortion-ban/7434551002/ |access-date=2021-05-25 |website=www.cincinnati.com}} Mason, Ohio,{{Cite web |last=Glynn |first=Erin |title=Mason council passes ordinance criminalizing abortions in city limits after tense meeting, close vote |url=https://www.cincinnati.com/story/news/2021/10/25/mason-council-passes-ordinance-criminalizing-abortions-city-limits/6140090001/ |access-date=2021-12-14 |website=The Enquirer |language=en-US}} also banned abortion at all stages in 2021, but its ordinance was repealed later that year.{{Cite web |last=Lair |first=Mollie |date=2021-12-14 |title=Mason city council votes to repeal abortion ban |url=https://www.wlwt.com/article/mason-city-council-votes-to-repeal-abortion-ban/38508642 |access-date=2021-12-14 |website=WLWT |language=en}}
August 2023 Ohio Issue 1 was put to referendum on August 8, 2023, and would have made it harder for voter-led initiatives to be proposed and approved.{{Cite web |title=Ohio special election live results for Aug. 8, 2023 |url=https://www.dispatch.com/story/news/politics/elections/2023/08/07/ohio-election-results-for-issue-1-aug-8-special-election/70542152007/ |access-date=2023-08-09 |website=The Columbus Dispatch |language=en-US}} The issue was widely seen as being related to the issue of abortion, as November 2023 Ohio Issue 1, a referendum to restore Roe v. Wade-era access to abortion in the state, was slated to appear on the November 2023 ballot, along with future proposals to raise the minimum wage. The intent of this initiative, according to its creator, Republican State Representative Brian Stewart, was to "[stop] a whole host of [referendum] issues that we know are coming down the pike" including redistricting, minimum wages, qualified immunity, and, most notably, abortion rights.{{Cite web |title=What supporters, opponents are saying about Issue 1 on Ohio's August ballot |url=https://www.dispatch.com/story/news/politics/2023/07/09/ohio-issue-1-what-supporters-critics-say-about-ohio-august-election/70387147007/ |access-date=2023-08-03 |website=The Columbus Dispatch |language=en-US |quote="Stewart: There are a whole host of issues that we know are coming down the pike. ... We know that's coming on a whole host of issues. I think it's entirely reasonable, knowing that that's on the horizon for this November, next November and so forth, to ask Ohioans to say wait, we're going to have an election to decide the rules of the game. ... That applies to abortion, that applies to redistricting, that applies to wage hikes, that applies to qualified immunity."}} Of the more than 3 million votes counted, 57% were "no" votes and 43% voted "yes".
== November 2023 referendum ==
November 2023 Ohio Issue 1 was a statewide referendum on whether to amend the state constitution to include a right to abortion and other reproductive healthcare. Ohio was the only state in 2023 to consider a statewide constitutional right to abortion.
Issue 1 was written to undo a 2019 trigger law, which was triggered by Dobbs, banning all abortion after six weeks — a so-called heartbeat law — with no exceptions for rape or incest; it included language that allowed Ohioans to "make and carry out one’s own reproductive decisions" to the point of viability. Viability is a medical concept determined by a physician and as of 2023 is generally considered to be between 22 and 24 weeks gestation.{{Cite web |date=2023-11-07 |title=Ohio is the lone state deciding an abortion rights question, providing hints for 2024 races |url=https://apnews.com/article/ohio-abortion-amendment-election-2023-fe3e06747b616507d8ca21ea26485270 |access-date=2023-11-07 |website=AP News |language=en}}{{Cite web |date=2023-11-07 |title=What to know about Issue 1 in Ohio, the abortion access ballot measure, as polls open on Election Day 2023 - CBS News |url=https://www.cbsnews.com/news/issue-1-ohio-november-2023-election-abortion/ |access-date=2023-11-07 |website=www.cbsnews.com |language=en-US}} The initiative was also written to grant exceptions for later abortions to protect the life of the pregnant individual.{{Cite web |date=2023-11-07 |title=Ohio Issue 1 and its impact on abortion rights, explained |url=https://www.washingtonpost.com/politics/2023/11/07/ohio-issue-1-abortion-explained/ |access-date=2023-11-07 |website=Washington Post |language=en}} The initiative was also designed to provide legal protections to anyone aiding someone in accessing abortion. Ohio's ballot board, which had a Republican majority, changed language in the ballot initiative to replace the word "fetus" with "unborn child"{{Cite web |date=2023-11-07 |title=What to know about Issue 1 in Ohio, the abortion access ballot measure, as polls open on Election Day 2023 - CBS News |url=https://www.cbsnews.com/news/issue-1-ohio-november-2023-election-abortion/ |access-date=2023-11-07 |website=www.cbsnews.com |language=en-US}} and to omit references to birth control.{{Cite web |last=Ingles |first=Jo |date=2023-11-07 |title=Ohio voters to decide on a constitutional right to abortion |url=https://www.npr.org/2023/11/07/1210983742/ohio-voters-to-decide-on-a-constitutional-right-to-abortion |website=NPR}}
The amendment was passed 56.78% to 43.22% with turnout that was heavy for an off-year election.{{Cite web |last=Smith |first=Julie Carr |date=2023-11-07 |title=Ohio voters enshrine abortion access in constitution in latest statewide win for reproductive rights |url=https://apnews.com/article/ohio-abortion-amendment-election-2023-fe3e06747b616507d8ca21ea26485270 |access-date=2023-11-08 |website=AP News |language=en}}
= Judicial history =
In 1913 in the case of State v. Tipple, the Ohio Supreme Court said, "The reason and policy of the statute are to protect women and unborn babes from dangerous criminal practice, and to discourage secret immorality between the sexes, and a vicious and craven custom amongst married pairs who wish to evade the responsibilities of rearing offspring." The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester; however, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, {{ussc|597||2022|docket=19-1392}} later in 2022.{{cite web |url=https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html |title=Supreme Court overturns Roe v. Wade |first=Ariane |last=de Vogue |date=June 24, 2022 |access-date=June 24, 2022 |work=CNN |archive-date=June 24, 2022 |archive-url=https://web.archive.org/web/20220624141808/https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html |url-status=live}}{{cite news |last1=Howe |first1=Amy |title=Supreme Court overturns constitutional right to abortion |url=https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ |work=SCOTUSblog |date=June 24, 2022 |access-date=June 24, 2022 |archive-date=June 24, 2022 |archive-url=https://web.archive.org/web/20220624142633/https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ |url-status=live}}
In Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983), the Supreme Court declared unconstitutional an ordinance requiring second-trimester abortions to be performed in hospitals, and requiring patients seeking abortions to be informed of the status of the pregnancy, stage of fetal development, expected date of viability, health risks of abortion, and the availability of adoption agencies and childbirth resources.{{Cite web|url=https://www.chicagotribune.com/sns-abortion-timeline-story.html|title=Timeline of abortion laws and events|last=Tribune|first=Chicago|website=chicagotribune.com|language=en-US|access-date=May 23, 2019|archive-url=https://web.archive.org/web/20190509194200/https://www.chicagotribune.com/sns-abortion-timeline-story.html|archive-date=May 9, 2019|url-status=live}}{{Cite web|url=https://www.aclu.org/other/timeline-important-reproductive-freedom-cases-decided-supreme-court|title=Timeline of Important Reproductive Freedom Cases Decided by the Supreme Court|website=American Civil Liberties Union|language=en|access-date=May 25, 2019|archive-url=https://web.archive.org/web/20190430012119/https://www.aclu.org/other/timeline-important-reproductive-freedom-cases-decided-supreme-court|archive-date=April 30, 2019|url-status=live}} The Supreme Court also declared unconstitutional provisions in the ordinance requiring women to wait 24 hours after seeking an abortion, requiring parental consent for minors seeking abortions, and requiring that aborted fetuses be disposed of in a "humane" and "sanitary" manner.
The Supreme Court later overruled Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983), in Planned Parenthood v. Casey, 505 U.S. 833 (1992).
In August 2024, a county judge in Ohio blocked the state's 24 hour waiting period for obtaining an abortion, citing that it was unconstitutional under November 2023 Ohio Issue 1.{{cite news |title=Judge blocks 24-hour waiting period for abortions in Ohio, citing 2023 reproductive rights amendment |url=https://www.nbcnews.com/politics/politics-news/judge-abortions-ohio-constitutional-amendment-rcna168045 |work=NBC News |date=August 23, 2024 |access-date=August 24, 2024}} A few weeks later, another county judge in Ohio struck down two laws that restricted access to mifepristone.{{cite news |title=Ohio judge strikes down laws restricting abortion pill access |url=https://www.washingtonexaminer.com/policy/healthcare/3144156/ohio-judge-strikes-down-laws-restricting-abortion-pill-access/ |work=Washington Examiner |date=September 5, 2024 |access-date=September 5, 2024}}
In October 2024, the six week abortion ban was struck down by an Ohio judge, citing that it was unconstitutional under November 2023 Ohio Issue 1. {{Cite news|date=2024-10-24 |title=Ohio's six-week abortion ban struck down |url=https://www.toledoblade.com/local/courts/2024/10/24/ohio-abortion-ban-struck-down-judge-court-six-week-constitution-voters-rights/stories/20241024132|work=Toledo Blade |language=en-US}}
= Clinic history =
File:Number of abortion clinics in Ohio by year.pngBetween 1982 and 1992, the number of abortion clinics in the state decreased by ten, going from 55 in 1982 to 45 in 1992.{{Cite book|url=https://books.google.com/books?id=RDqXplZptaIC|title=A State-By-State Review of Abortion and Reproductive Rights|last1=Arndorfer|first1=Elizabeth|last2=Michael|first2=Jodi|last3=Moskowitz|first3=Laura|last4=Grant|first4=Juli A.|last5=Siebel|first5=Liza|date=December 1998|publisher=DIANE Publishing|isbn=9780788174810|language=en}} In 2014, there were twelve abortion clinics in the state.{{Cite web|url=https://www.businessinsider.com/how-many-abortion-clinics-are-in-america-each-state-2017-2|title=The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state |author1=Rebecca Harrington |author2=Skye Gould |website=Business Insider|access-date=May 23, 2019|archive-url=https://web.archive.org/web/20190523193309/https://www.businessinsider.com/how-many-abortion-clinics-are-in-america-each-state-2017-2|archive-date=May 23, 2019|url-status=live}} In 2014, 93% of the counties in the state did not have an abortion clinic. That year, 56% of women in the state aged 15–44 lived in a county without an abortion clinic.{{Cite web|url=https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8|title=This is what could happen if Roe v. Wade fell|author1=Panetta, Grace |author2=lee, Samantha|date=2018-08-04|website=Business Insider|language=es|access-date=May 24, 2019|archive-url=https://web.archive.org/web/20190524083342/https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8|archive-date=May 24, 2019|url-status=live}} In March 2016, there were 28 Planned Parenthood clinics in the state.{{Cite web|url=https://www.thestate.com/news/databases/article67953487.html|title=27 states with the most Planned Parenthood clinics|last=Bohatch|first=Emily|website=thestate|language=en|access-date=May 24, 2019|archive-url=https://web.archive.org/web/20190524061816/https://www.thestate.com/news/databases/article67953487.html|archive-date=May 24, 2019|url-status=live}} In 2017, there were 27 Planned Parenthood clinics serving a population of 2,585,171 women aged 15–49. Three of the Planned Parenthood clinics offered abortion services.{{Cite news|url=https://www.bloomberg.com/graphics/2017-planned-parenthood-locations-states/|title=Here's Where Women Have Less Access to Planned Parenthood|access-date=May 23, 2019|language=en|archive-url=https://web.archive.org/web/20190523171305/https://www.bloomberg.com/graphics/2017-planned-parenthood-locations-states/|archive-date=May 23, 2019|url-status=live}}
Statistics
In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15–44 of between 0.1 and 0.9.{{Cite journal|last1=Cates|first1=Willard|last2=Rochat|first2=Roger|date=March 1976|title=Illegal Abortions in the United States: 1972–1974|journal=Family Planning Perspectives|volume=8|issue=2|pages=86–92|doi=10.2307/2133995|jstor=2133995|pmid=1269687}} In 1990, 1,314,000 women in the state faced the risk of an unintended pregnancy. In 2010, the state had nine publicly funded abortions, of which nine were federally funded and none were state funded.{{Cite web|url=https://data.guttmacher.org/states/table?state=AL+AK+AZ+AR+CA+CO+CT+DE+DC+FL+GA+HI+ID+IL+IN+IA+KS+KY+LA+ME+MD+MA+MI+MN+MS+MO+MT+NE+NV+NH+NJ+NM+NY+NC+ND+OH+OK+OR+PA+RI+SC+SD+TN+TX+UT+VT+VA+WA+WV+WI+WY&topics=62&dataset=data|title=Guttmacher Data Center|website=data.guttmacher.org|access-date=May 24, 2019}} In 2014, 48% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.{{Cite web|url=https://www.pewforum.org/religious-landscape-study/|title=Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics {{!}} Pew Research Centerlanguage=en-US|access-date=May 23, 2019|archive-url=https://web.archive.org/web/20190410125524/https://www.pewforum.org/religious-landscape-study/|archive-date=April 10, 2019|url-status=live}} The 2023 American Values Atlas reported that, in their most recent survey, 64% of Ohioans said that abortion should be legal in all or most cases.{{Cite web |date=2024-05-02 |title=Abortion Views in All 50 States: Findings from PRRI’s 2023 American Values Atlas {{!}} PRRI |url=https://www.prri.org/research/abortion-views-in-all-50-states-findings-from-prris-2023-american-values-atlas/ |access-date=2024-10-30 |website=PRRI {{!}} At the intersection of religion, values, and public life. |language=en-US}}
The number of abortion clinics in Ohio has declined over the years, with 55 in 1982, 45 in 1992 and 12 in 2014. There were 21,186 legal abortions in 2014 and 20,976 in 2015.
class="wikitable"
|+Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates ! rowspan="2" | Location | colspan="3" | Residence | colspan="3" | Occurrence | rowspan="2" | % obtained by
out-of-state residents ! rowspan="2" | Year | rowspan="2" | Ref | |||||
No. | Rate^ | Ratio^^ | No. | Rate^ | Ratio^^ | ||||
Ohio | 21,650 | 9.8 | 155 | 21,186 | 9.6 | 152 | 5.5 | 2014 | {{Cite journal|last=Jatlaoui|first=Tara C.|date=2017|title=Abortion Surveillance — United States, 2014|journal=MMWR. Surveillance Summaries|language=en-us|volume=66|issue=24|pages=1–48|doi=10.15585/mmwr.ss6624a1|issn=1546-0738|pmid=29166366|pmc=6289084}} |
Ohio | 21,215 | 9.6 | 152 | 20,976 | 9.5 | 151 | 5.8 | 2015 | {{Cite journal|last=Jatlaoui|first=Tara C.|date=2018|title=Abortion Surveillance — United States, 2015|journal=MMWR. Surveillance Summaries|language=en-us|volume=67|issue=13|pages=1–45|doi=10.15585/mmwr.ss6713a1|issn=1546-0738|pmc=6289084|pmid=30462632}} |
Ohio
|20,790 |9.5 |151 |20,672 |9.4 |150 |5.5 |2016 | |||||||||
colspan="10" |^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births |
Abortion rights views and activities
= Protests =
Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.{{Cite web|url=https://www.usatoday.com/story/news/nation/2019/05/21/abortion-laws-stopthebans-rallies-set-across-nation-today/3750913002/|title=Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation|last=Bacon|first=John|website=USA TODAY|language=en|access-date=May 25, 2019|archive-url=https://web.archive.org/web/20190522152826/https://www.usatoday.com/story/news/nation/2019/05/21/abortion-laws-stopthebans-rallies-set-across-nation-today/3750913002/|archive-date=May 22, 2019|url-status=live}} In May 2019, women participated in a heartbeat ban bill protest in Cleveland as part of #StoptheBans movement. It was organized by NARAL Pro Choice Ohio, Planned Parenthood Advocates of Ohio and Cleveland State University students. A #StoptheBans protest in Cincinnati saw dozens of people participating outside the Hamilton County Courthouse where they chanted "Right to life, that's a lie, you don't care if women die".
Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters gathered at the Ohio State Capitol in Columbus.{{Cite web |last1=Holbrock |first1=Justin |title=Watch: Hundreds of people gathered at Ohio Statehouse to protest overturning of Roe v. Wade |url=https://www.nbc4i.com/news/local-news/hundreds-of-people-gathered-at-ohio-statehouse-to-protest-overturning-of-roe-v-wade/ |website=NBC 4 |access-date=April 23, 2024 |date=June 24, 2022}} Other protests were held in Akron,{{Cite web |last1=Marotta |first1=Eric |title=Groups supporting abortion rights rally in Akron's Highland Square neighborhood |url=https://www.beaconjournal.com/story/news/2022/06/24/protesters-gather-akrons-highland-square-following-abortion-ruling/7725950001/ |website=Akron Beacon Journal |access-date=April 23, 2024 |date=June 24, 2022}} Bowling Green,{{Cite news |last=Larson McLaughlin |first=Jan |title=Protesters rally again in BG to fight for return of reproductive rights|url=https://bgindependentmedia.org/protesters-rally-again-in-bg-to-fight-for-return-of-reproductive-rights/|publisher=BG Independent News |access-date=July 3, 2022 |date=July 2, 2022}} Cincinnati,{{Cite news |last=Montoya |first=Alison |title=Protesters, city leaders attend 'Ban Off Our Bodies' abortion rights march in Cincinnati|url=https://www.fox19.com/2022/07/02/thousands-expected-bans-off-our-bodies-abortions-rights-protest-downtown-cincinnati/|publisher=Fox 19 |access-date=July 3, 2022 |date=July 2, 2022}} and Cleveland.{{Cite web |last1=Nicks |first1=Michelle |title=Abortion rights protesters take to Cleveland streets after controversial decision to overturn Roe v. Wade |url=https://www.cleveland19.com/2022/06/25/abortion-rights-protesters-take-cleveland-streets-after-controversial-decision-overturn-roe-v-wade/|website=Cleveland 19 News |access-date=April 23, 2024 |date=June 24, 2022}} On July 10, a group of abortion rights protesters in Cleveland camped out in front of City Hall for a week.{{Cite web |last1=Braddock |first1=Tiarra |title=Group sleeps on Cleveland City Hall steps in protest of Roe v. Wade reversal |url=https://www.cleveland19.com/2022/07/14/group-sleeps-cleveland-city-hall-steps-protest-roe-v-wade-reversal/ |website=Cleveland 19 News |access-date=July 15, 2022 |date=July 14, 2022}}
On July 5, 2023, Ohioans United For Reproductive Rights submitted over 700,000 signatures to the Ohio Secretary of State for their petition to get abortion rights on the November 2023 ballot, more than the 414,000 signatures required.{{Cite web |last1=Tebben |first1=Susan |title=Ohio abortion rights supporters submit signatures, gunning for November ballot |url=https://ohiocapitaljournal.com/2023/07/06/ohio-abortion-rights-supporters-submit-signatures-gunning-for-november-ballot/ |website=Ohio Capital Journal |access-date=May 5, 2024 |date=July 6, 2023}}
Attacks on abortion clinics
File:Political signage on I-70 (29427274697).jpgThe first clinic arson occurred in Oregon in March 1976 and the first bombing occurred in February 1978 in Ohio.{{Cite web |title=Clinic Violence: Arsons and Bombings |url=http://www.prochoice.org/about_abortion/violence/arsons.asp |url-status=dead |archive-url=https://web.archive.org/web/20110926221700/http://www.prochoice.org/about_abortion/violence/arsons.asp |archive-date=September 26, 2011 |access-date=May 22, 2019 |website=National Abortion Federation}} In 1978, there were three arson attacks and four bomb attacks on abortion facilities in the United States. Of these seven attacks, all but two took place in Ohio. These seven attacks caused combined damage of US$800,000.{{Failed verification|date=June 2024}}
In 1977, there were four arson attacks on abortion clinics. These took place in Minnesota, Vermont, Nebraska and Ohio. Combined, they caused over US$1.1 million in damage. By 2000, an act of violence had taken place at an abortion clinic in Shelby County, Ohio.{{Cite journal|last1=Jacobson|first1=Mireille|last2=Royer|first2=Heather|date=December 2010|title=Aftershocks: The Impact of Clinic Violence on Abortion Services|url=http://www.nber.org/papers/w16603|journal=American Economic Journal: Applied Economics|volume=3|pages=189–223|access-date=2019-05-23|archive-url=https://web.archive.org/web/20170718183325/http://www.nber.org/papers/w16603|archive-date=2017-07-18|url-status=live|doi=10.1257/app.3.1.189}} On March 7, 2016, Rachel Ann Jackson, 71, vandalized a Planned Parenthood clinic in Columbus, Ohio, with the message "SATAN DEN OF BABY KILLERS..." She pleaded guilty to felony counts of breaking and entering and vandalism and a misdemeanor count of aggravated trespass.[http://nbc4i.com/2016/08/08/71-year-old-admits-to-vandalism-on-planned-parenthood-building/ 71-year-old admits to vandalism on Planned Parenthood building] {{Webarchive|url=https://web.archive.org/web/20170205181846/http://nbc4i.com/2016/08/08/71-year-old-admits-to-vandalism-on-planned-parenthood-building/ |date=2017-02-05}}, WCMH (August 8, 2016).John Futty, [http://www.dispatch.com/content/stories/local/2016/11/15/Judge-gives-probation-to-Planned-Parenthood-vandal.html Judge grants probation to 71-year-old woman who vandalized Planned Parenthood building] {{Webarchive|url=https://web.archive.org/web/20170205183237/http://www.dispatch.com/content/stories/local/2016/11/15/Judge-gives-probation-to-Planned-Parenthood-vandal.html |date=2017-02-05}}, Columbus Dispatch (November 15, 2016). Jackson was sentenced to probation, with the judge citing her struggle with serious mental illness as a mitigating factor.
Local ordinances
In 1978, Akron, Ohio, passed a city ordinance that restricted abortion rights. Its provisions included requiring all abortions beyond the first trimester of pregnancy to be performed in a hospital; a doctor to inform the patient of the status of fetal development, risks of abortion, and childbirth and adoption resources; and a 24-hour waiting period.{{Cite web |title=Akron v. Akron Ctr. for Reprod. Health, 462 U.S. 416 (1983) |url=https://supreme.justia.com/cases/federal/us/462/416/ |access-date=2024-06-07 |website=Justia Law |language=en}} The ordinance was ruled unconstitutional by the Supreme Court of the United States in City of Akron v. Akron Center for Reproductive Health.
The city of Lebanon, Ohio, in 2021 outlawed most abortions within its city boundaries and declared itself a "sanctuary city for the unborn".{{Cite web |last=Sturla |first=Anna |date=2021-05-26 |title=Ohio town votes to become 'sanctuary city for the unborn' |url=https://www.cnn.com/2021/05/26/us/ohio-abortion-ban/index.html |access-date=2021-05-29 |website=CNN}} The Lebanon ordinance declares abortion to be "a murderous act of violence that purposefully and knowingly terminates a human life," and it outlaws abortion "at all times and at all stages of pregnancy."{{Cite web|url=https://www.scribd.com/document/509132191/Sanctuary-city-for-the-unborn-ordinance|title=Sanctuary City For The Unborn Ordinance|date=2021-05-24 |website= www.scribd.com|access-date=2021-05-29}} The only exception is for abortions performed "in response to a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy" that "places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed." The ordinance was adopted by a unanimous vote of the Lebanon city council on May 25, 2021.
The city council of Mason adopted a similar ordinance outlawing most abortions within city limits on October 25, 2021.{{Cite web|last=Glynn|first=Erin|date=2021-10-25|title=Mason council passes ordinance criminalizing abortions in city limits after tense meeting, close vote|url=https://www.cincinnati.com/story/news/2021/10/25/mason-council-passes-ordinance-criminalizing-abortions-city-limits/6140090001|access-date=2021-11-19|website=www.cincinnati.com}} The ordinance also declares abortion-inducing drugs to be contraband and outlaws their possession and distribution within city limits. Violators are subject to punishment of up to 180 days in jail and a fine of up to $1,000. On December 13, 2021, the city council of Mason voted to repeal this ordinance.
See also
References
{{reflist|3}}
{{Abortion by US state}}
{{Ohio}}