Sources
- https://www.acluohio.org/en/issues/reproductive-freedom
The ACLU of Ohio provides authoritative information on reproductive rights and current legal challenges in Ohio, making it a reliable source for understanding the state's abortion laws and restrictions. - https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
The official Supreme Court document for the Dobbs v. Jackson Women's Health Organization decision is essential for understanding the legal basis for overturning Roe v. Wade and its implications for state abortion laws. - https://www.ohioattorneygeneral.gov/Media/News-Releases/June-2022/Ohio-Attorney-General-Dave-Yost-Statement-on-Supreme
A statement from the Ohio Attorney General provides insight into the state's official stance and legal actions following the overturning of Roe v. Wade, making it a relevant source for Ohio-specific abortion law updates. - https://www.guttmacher.org/state-policy/explore/abortion-policy-absence-roe
The Guttmacher Institute is a respected research organization that tracks state-level abortion policies, offering detailed and up-to-date information on Ohio's abortion laws and restrictions post-Roe. - https://www.cityoflebanon.org/DocumentCenter/View/1001/Ordinance-2021-25-Abortion
The official ordinance from the City of Lebanon provides primary source documentation on the local abortion ban, making it a crucial reference for understanding the specifics of Lebanon's 'Sanctuary City for the Unborn' status.
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- Mason, Ohio, initially passed an abortion ban in 2021 but repealed it later that year under a new city council.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.
Summary
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.
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.
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.
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.)
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.
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”).
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.
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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.
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.
