Abortion remains legal in Ohio up to 22 weeks of pregnancy, though a contested six-week “heartbeat” ban has faced legal challenges and temporary injunctions. While most Ohio cities follow the 22-week rule, Lebanon enforces a local abortion ban, calling itself a “Sanctuary City for the Unborn.” The overturning of *Roe v. Wade* has intensified legal and political battles over abortion access in the state.
Key Points
Key Points
Abortion is legal in Ohio up to 22 weeks gestation, but restrictions and legal challenges persist post-Roe v. Wade.
The overturning of Roe v. Wade in June 2022 allowed states to implement their own abortion laws, leading to bans in nine states.
Ohio’s ‘Heartbeat Bill’ (Senate Bill 23) banned abortions after six weeks, but it has faced legal challenges and injunctions.
A federal court initially blocked Ohio’s ‘Heartbeat Bill,’ but it was later enforced after the Dobbs v. JWHO decision.
The Hamilton County Court of Common Pleas issued another injunction in October 2022, keeping the 22-week rule in place during litigation.
Lebanon, Ohio, is the only city with an active abortion ban, criminalizing it at all pregnancy stages since May 2021.
Lebanon’s ordinance penalizes clinics and professionals aiding abortions but excludes tangential actions like financial support or transportation.
Mason, Ohio, initially passed an abortion ban in 2021 but repealed it later that year under a new city council.
Abortion remains a highly divisive issue in the U.S., with ongoing legal and political battles at state and local levels.
FAQ
Frequently Asked Questions
Q:Is abortion legal in Ohio?
A:Yes, abortion is legal in Ohio up to 22 weeks gestation in most cities, although there are ongoing legal challenges and restrictions in place.
Q:What is the 'heartbeat bill' in Ohio?
A:The ‘heartbeat bill’ (Senate Bill 23) is an Ohio law that banned abortions from six weeks of gestation onwards, when fetal heartbeat activity is first detected. This law has faced legal challenges and is currently blocked, so the 22-week rule remains in effect during litigation.
Q:Are there any cities in Ohio where abortion is completely banned?
A:Yes, Lebanon is the only city in Ohio where abortion is completely banned. It is often referred to as a ‘Sanctuary City for the Unborn.’ Other cities, like Mason, initially passed similar bans but later repealed them.
Q:How did the overturning of Roe v. Wade affect abortion laws in Ohio?
A:The overturning of Roe v. Wade granted states more power to regulate abortion. In Ohio, this led to the enforcement of the previously blocked ‘heartbeat bill,’ though it has since been temporarily blocked again, leaving the 22-week rule in place while legal battles continue.
Q:What is the current status of the 'heartbeat bill' in Ohio?
A:The ‘heartbeat bill’ was initially blocked by a federal court but was allowed to take effect after the Supreme Court’s Dobbs v. JWHO decision. However, it was blocked again by the Hamilton County Court of Common Pleas in October 2022, so the 22-week rule remains in effect during ongoing litigation.
Abortion is legal in Ohio, although there are some restrictions in place in the state surrounding abortion access and ongoing legal challenges following the overturning of Roe v. Wade by the Supreme Court of the United States.
Roe v. Wade
The overturning of Roe v. Wade on June 24, 2022, symbolized a stark departure from a tradition spanning 50 years of abortion rights protection in the United States. While the United States Supreme Court did not outright ban abortion nationwide through its ruling, it granted the states ample power to do so.The overturning of Roe v. Wade was met with ire in certain quarters.In the aftermath of the controversial ruling, nine states had already started implementing their respective abortion bans.
Abortion in Ohio
Ohio, for its part, did not establish a complete ban, but the Ohio legislature still retained some abortion restrictions.Abortion remains an extremely divisive issue in the United States.At the time of writing, Ohio abortion law grants Ohioan women abortion rights up to 22 weeks gestation, at least in most cities (more on this later). Yet, this gestational limit is still under dispute between the Ohio legislature and the courts.
“Heartbeat” Bill
An Ohio law was indeed passed (Senate Bill 23), which banned abortions from six weeks of gestation onwards, that is, the moment when it’s believed that fetal heartbeat activity is first detected (the bill went under the moniker of “heartbeat bill” for this reason.)Senate Bill 23 banned abortions after the presence of a fetal heartbeat.This meant that, for practical purposes, an abortion ban was in place as, at that stage, the average woman would unlikely be aware of their pregnancy.Gov. Mike DeWine signed the bill in April 2019, but a federal court blocked it until the United States Supreme Court granted Ohio lawmakers authority to enforce this state law through the Dobbs v. JWHO decision. Judge Michael R. Barret lifted the preliminary injunction precluding state officials from carrying out the law against abortion providers.The United States Supreme Court.Sometime after, the law was blocked again, this time by the Hamilton County Court of Common Pleas, on October 7, 2022. The local court ordered another preliminary injunction preventing the abortion law from being enforced. Hence, the prior 22-week rule will remain in effect while litigation is underway.
Local Bans
Currently, Lebanon is the only city in Ohio still with an abortion ban in force (which is why it’s often deemed a “Sanctuary City for the Unborn”).Lebanon is seen as a “Sanctuary City for the Unborn.”In May 2021, Lebanon’s city council approved the ordinance banning abortion in the city and penalizing clinics and professionals who provide assistance for those seeking it. It became the first city in Ohio to criminalize the action at all pregnancy stages.On September 19, 2022, the city council passed a new ordinance slightly updating the terms of the one from the previous year. While abortion remains illegal in the city, many other actions tangentially related to the subject were not mentioned, such as providing financial support or transportation to a pregnant woman procuring it from an abortion provider.Pregnant woman.Another city that initially wanted to prohibit abortion at all stages was Mason, Ohio, which also passed a local ordinance to that effect in 2021. Nevertheless, that ordinance got repealed in December of that same year by the newly-elected city council.
Alicia Reynolds holds a Bachelor's degree in History from the University of California, Berkeley, and a Master's degree in American Studies from Columbia University.
Alicia is a keen writer and consultant for ConstitutionUS.com, creating engaging content that demystifies complex constitutional concepts for a wide audience.
