Ohio's 24-Hour Waiting Period Abortion Law Enjoined by Judge

Susan Tebben, Ohio's 24-hour Waiting Period Abortion Law Paused by Judge

An Ohio law requiring a 24-hour waiting period before abortion services will not be enforced as a lawsuit seeking to eliminate the law entirely sees its way through court, a judge ruled on Friday.

Franklin County Court of Common Pleas Judge David C. Young not only put a temporary pause on the 24-hour waiting period, but also a minimum of two in-person visits and certain information about abortion that the state required doctors to provide before an abortion.

That information includes the “probable gestational age of the zygote, blastocyte, embryo or fetus” and “nature and purpose of the particular abortion procedure to be used,” according to state law.

Young cited the newest amendment to the state constitution as reason to rule in favor of the clinics and physicians.

“The plain language of the amendment clearly sets forth the applicable legal standard,” Young wrote. “This language is easily understood and clear.”

The decision comes following an oral argument hearing last week, in which Young heard from the Ohio Attorney General’s Office representing the state, and an attorney for abortion clinics and a physician party in the case.

The state said by legal definition, the “status quo” should be maintained in a preliminary injunction, and according to the AG’s office’s arguments, that would leave state law as it is and the regulations in place. The office of Ohio Attorney General Dave Yost issues a release Friday saying they plan to appeal the ruling and that they disagree with the judge that the waiting period and extra appointments constitute a burden.

According to Jessie Hill, attorney for the parties attempting to eliminate the laws, the status quo is now the constitutional amendment that placed reproductive rights including abortion into the Ohio Constitution after being passed by 57% of Ohio voters last November.

The amendment bars any state laws that “burden, penalize, prohibit, interfere with or discriminate” against abortion care and abortion providers.

See also Columbus Dispatch, Ohio's 24-Hour Waiting Law for Abortions is Put on Hold