Ohio Judge Permanently Strikes Down Six-Week Abortion Ban, Which Clearly Violates the Ohio Constitution’s Reproductive Freedom Amendment

CINCINNATI — Today, the Hamilton County Court of Common Pleas issued a permanent injunction blocking Ohio’s 2019 six-week abortion ban from taking effect, marking the first permanent injunction stemming from Ohio’s Reproductive Freedom Amendment, which took effect in December 2023. This is also the first permanent injunction throughout the country of an abortion ban following the passage of a pro-abortion rights ballot amendment.

The case, Preterm v. Yost, was originally filed in the Hamilton County Court of Common Pleas on Sept. 2, 2022, and enforcement of the ban has been blocked since Sept. 14, 2022. The ban, which had been in effect for nearly three months following the reversal of Roe v. Wade, subjected many Ohioans to needless suffering, forcing them to remain pregnant or travel out of state to receive the care they needed.

The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, and the law firm WilmerHale brought this case on behalf of Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center, and Dr. Sharon Liner.

“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,” added Jessie Hill, cooperating attorney for the ACLU of Ohio.

“Last November, Ohioans unequivocally rejected politicians’ attempts to ban abortion, and today’s ruling is a step in the right direction to protect the right of all people in our state to make their own personal medical decisions,” said Erica Wilson-Domer, president and CEO of Planned Parenthood of Greater Ohio. “We are heartened that the six-week ban that previously left so many patients in Ohio without options to receive safe and convenient care has finally been struck down, and we look forward to continuing the work of expanding abortion access for all.”

“The 6-week ban was a devastating mark on our history. With the ban permanently blocked, we can move the fight for reproductive rights forward and focus on making abortion accessible for all,” said Bethany Lewis, LISW-S, executive director of Preterm. “This ruling is a testament to the collective power of Ohioans who voted for Ohio's new Reproductive Freedom Amendment last fall.”

“We are elated to see the court rule in favor of Ohioans today. This ruling is an important step for access and a strong example of what’s possible when we come together to make our voices heard. The permanent blocking of the six-week ban brings us one step closer to getting our patients the access they deserve,” said Dr. Sharon Liner, medical director, Planned Parenthood Southwest Ohio Region.

Since the Reproductive Freedom Amendment took effect in December, the plaintiff abortion providers have also added claims under the new constitutional right in three additional pending lawsuits challenging various abortion restrictions, and have filed one additional new case based on the amendment.

A copy of the decision can be found here.