Abortion in Ohio

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Abortion in Ohio is only permitted in the first six weeks of pregnancy. After six weeks, abortion is prohibited, even in cases of rape or incest. [1] In November 2023, a constitutional amendment was approved by a majority of voters that enshrined access to abortion in the Ohio Constitution. [2] Despite the constitutional amendment, the Republican leaders of Ohio have defended the six-week abortion ban in courts. [1]

Contents

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. On June 24, 2022, after the Supreme Court of the United States overturned Roe v. Wade , judge Michael R. Barrett lifted a preliminary injunction that had blocked state officials from enforcing the law against certain abortion providers, allowing the Human Rights and Heartbeat Protection Act to take full effect. [3] [4] The law imposed felony criminal liability on anyone who performed, aided, or abetted an abortion after embryonic cardiac activity could be detected. [5] [6]

On September 15, 2022, a Hamilton County Common Pleas Court judge granted a 14-day restraining order against the state law prohibiting doctors from performing abortions after electrical "cardiac" activity is found, pausing a trigger law that took effect after federal abortion protections were overturned by the U.S. Supreme Court in June. On October 7, the judge granted a motion for preliminary injunction against the abortion bans. [7] The decision meant abortions through 22 weeks gestation could continue, in keeping with state law in place before the ban.

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.

Laws no longer enforceable

An Ohio state law went into effect in July 2019 which made abortion illegal after embryonic cardiac activity can be detected, which usually develops between five or six weeks after conception. No exceptions are made for rape, incest or fetal inviability; the only exception, according to ORC 2919.193(B), [8] 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." [9]

Included in this law, ORC 2919.198, is a section called "Immunity of pregnant woman." This section overrides penalties for pregnant women who undertake an abortion after embryonic cardiac activity has been detected. [10] This release of penalties does not extend to physicians or doctors who administers the abortion past detectable cardiac activity.

Context

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. [11] 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. [11] In 2017, Georgia, Ohio, Missouri, Louisiana, Alabama and Mississippi had among the highest rates of infant mortality in the United States. [11] In 2017, Ohio had an infant mortality rate of 7.2 deaths per 1,000 live births. [11]

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. [12] [13] [14]

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. [15] 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. [16]

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. [17] In 1978, Akron, Ohio, passed a city ordinance that restricted abortion rights. [18]

The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. [19] 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. [20] 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. [21] They tried with this type of legislation again unsuccessfully in 2018. [21]

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, [22] and the Ohio legislature considered a similar bill in 2018. [23]

In Ohio, a "fetal heartbeat" law, HB 125, was introduced in the state legislature in October 2011. [24] It was the only state in the country to try to pass such legislation that year. [21] The bill was shelved by the Republican majority Senate to avoid controversy. [25] This bill was notably supported by John C. Willke. [26] 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." [27] A bill similar to the 2011–2012 bill was introduced by Christina Hagan in 2013, titled HB 248. [28] A further "fetal heartbeat" law was introduced on August 14, 2013, by Lynn Wachtmann and others. [29] 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. [30] "Fetal heartbeat" bills appeared again in the state legislature in 2014. [21] On March 25, 2015, another "heartbeat" bill (House Bill 69) passed the Ohio House of Representatives. [31] 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." [32] 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. [33] [34] 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." [35] [34] On December 13, 2016, Kasich vetoed the bill. [36] [34] 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. [21]

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. [37] 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. [21]

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. [38] 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. [39] On February 11, 2019, Candice Keller and Ron Hood filed HB 68, [40] which was introduced in the Ohio House of Representatives on February 12, 2019. [41] On February 12, 2019, Kristina Roegner filed SB 23 in the Ohio Senate; [42] the bill was referred to the Health, Human Services and Medicaid Committee on February 13, 2019. [43] 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." [44] On March 13, 2019, SB 23 was passed out of the Ohio Senate by a vote of 19 to 13. [45] The next month, the Ohio House amended the bill, and passed it, 56–40; the changes were ratified in the Senate, 18–13. [46] The bill was signed into law by Governor Mike DeWine on April 11, 2019. [47] [48] At the time the bill passed, only 27% of the state legislators were female. [49] 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. [50] [38]

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. [51] 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. [52] [53]

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. [54]

In 2020 a bill was signed into law in Ohio requiring all aborted fetal tissue to be cremated or buried. [55]

In 2021 the city of Lebanon, Ohio, passed an ordinance whereby abortion at all stages of pregnancy was outlawed. [56] Mason, Ohio, [57] also banned abortion at all stages in 2021, but its ordinance was repealed later that year. [58]

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. [59] 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. [60] Of the more than 3 million votes counted, 57% were "no" votes and 43% voted "yes". [59]

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. [61]

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. [61] [62] The initiative was also written to grant exceptions for later abortions to protect the life of the mother. [63] 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" [64] and to omit references to birth control. [65]

The amendment was passed 57% to 43% with turnout that was heavy for an off-year election. [66]

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." [17] 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; [17] however, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [67] [68]

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. [17] [69] [70] 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. [69] [70]

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).

Clinic history

Number of abortion clinics in Ohio by year Number of abortion clinics in Ohio by year.png
Number of abortion clinics in Ohio by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by ten, going from 55 in 1982 to 45 in 1992. [71] In 2014, there were twelve abortion clinics in the state. [72] 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. [34] In March 2016, there were 28 Planned Parenthood clinics in the state. [73] 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. [74]

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. [75] In 1990, 1,314,000 women in the state faced the risk of an unintended pregnancy. [71] In 2010, the state had nine publicly funded abortions, of which nine were federally funded and none were state funded. [76] In 2014, 48% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [77]

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.

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [78]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
East North Central204,810185,800190,05020.718.919.3–7
Illinois68,42068,16069,39025.425.626.13
Indiana15,84014,03014,8501210.611.2–7
Michigan55,58049,37048,78025.222.622.3–11
Ohio49,52040,94042,87019.516.217–13
Wisconsin15,45013,30014,16013.611.612.3–9
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
LocationResidenceOccurrence % obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Ohio21,6509.815521,1869.61525.52014 [79]
Ohio21,2159.615220,9769.51515.82015 [80]
Ohio20,7909.515120,6729.41505.52016 [81]
^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. [82] 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. [48] 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". [82]

Opposition to abortion

Political signage on I-70 in Columbus in August 2018 Political signage on I-70 (29427274697).jpg
Political signage on I-70 in Columbus in August 2018

Local laws restricting/banning abortion

In 1978, Akron, Ohio, passed a city ordinance that restricted abortion rights. [18]

In 2021 the city of Lebanon, Ohio, passed an ordinance whereby abortion at all stages of pregnancy was outlawed. [56] Mason, Ohio, [57] also banned abortion at all stages in 2021, but its ordinance was repealed later that year. [58]

Violence

The first clinic arson occurred in Oregon in March 1976 and the first bombing occurred in February 1978 in Ohio. [83] In 1978, there were three arson attacks and four bomb attacks on abortion facilities in the United States. All but two of these took place in Ohio. These seven attacks caused combined damage of US$800,000. [83]

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. [84] By 2000, an act of violence had taken place at an abortion clinic in Shelby County, Ohio. [84] 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. [85] [86] Jackson was sentenced to probation, with the judge citing her struggle with serious mental illness as a mitigating factor. [86]

Local ordinances

The city of Lebanon, Ohio, in 2021 outlawed most abortions within its city boundaries and declared itself a "sanctuary city for the unborn". [87] 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." [88] 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." [88] The ordinance was adopted by a unanimous vote of the Lebanon city council on May 25, 2021. [87]

The city council of Mason adopted a similar ordinance outlawing most abortions within city limits on October 25, 2021. [89] The ordinance also declares abortion-inducing drugs to be contraband and outlaws their possession and distribution within city limits. [89] Violators are subject to punishment of up to 180 days in jail and a fine of up to $1,000. [89] On December 13, 2021, the city council of Mason voted to repeal this ordinance. [58]

See also

Related Research Articles

This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).

<span class="mw-page-title-main">Abortion law in the United States by state</span> Termination of pregnancy in states of the United States

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.

A six-week abortion ban, also called a "fetal heartbeat bill" by proponents, is a law in the United States which makes abortion illegal as early as six weeks gestational age, which is when proponents claim that a "fetal heartbeat" can be detected. Medical and reproductive health experts, including the American Medical Association and the American College of Obstetricians and Gynecologists, say that the reference to a fetal heartbeat is medically inaccurate and misleading because a conceptus is not called a fetus until eight weeks after fertilization, as well as that at four weeks after fertilization, the embryo has no heart, only a group of cells which will become a heart. Medical professionals advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the chambers of the heart have become sufficiently developed.

Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.

Abortion in Texas is illegal in most cases. There are exceptions to save the mother's life, or prevent "substantial impairment of major bodily function", but the law on abortion in Texas is written in such an ambiguous way that it is unclear to physicians what health harms to the mother constitute an exception. This has prompted expecting mothers with health complications to leave the state or forced them to give birth while jeopardizing their health. The legal status of abortion in Texas is due to a trigger law passed in July 2021 that came in effect on August 25, 2022, as a consequence of the U.S. Supreme Court's 2022 decision Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade. The law makes no exception for pregnancies resulting from rape or incest.

Abortion in Alabama is illegal. Historically, Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the landmark 1973 Supreme Court decision in Roe v. Wade, which legalized abortion nationwide. However, Alabama has consistently enacted legislation aimed at restricting access to abortion.

Abortion in Georgia is legal up to the detection of an embryonic heartbeat, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP) or in two to three weeks after implantation. This law came into force on July 20, 2022, almost a month after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) ruling. In 2007, mandatory ultrasound requirements were passed by state legislators. Georgia has continually sought to legislate against abortion at a state level since 2011. The most recent example, 2019's HB 481, sought to make abortion illegal as soon as an embryonic heartbeat can be detected; in most cases that is around the six-week mark of a pregnancy. Many women are not aware they are pregnant at this time. An injunction was issued against this bill by a federal judge, who ruled that it contravened the Supreme Court's 1973 ruling. A poll conducted by the Pew Research Center in 2014 found that 49% of Georgians believed abortions should be illegal in all or most cases vs 48% legal in all or most cases.

As of 2022, abortion in Missouri is illegal, with abortions only being legal in cases of medical emergency and several additional laws making access to abortion services difficult. In 2014, a poll by the Pew Research Center found that 52% of Missouri adults said that abortion should be legal vs. 46% that believe it should be illegal in all or most cases. According to a 2014 Public Religion Research Institute (PRRI) study, 51% of white women in the state believed that abortion is legal in all or most cases.

As of 2024, abortion is currently illegal in Indiana. It's only legal in cases involving fatal fetal abnormalities, to preserve the life and physical health of the mother, and in cases of rape or incest up to 10 weeks of pregnancy. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1 was placed on hold due to further legal challenges, but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling, that an abortion ban doesn't violate the state constitution. In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day. The new law became effective on September 15, 2022. But on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.

Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks postfertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed, with this limit set on the belief that a fetus can feel pain after that point in the pregnancy. The state also had detailed abortion-specific informed consent requirement by 2007. Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions and private doctor offices in addition to abortion clinics were in place by 2013. In 2015, Kansas became the first state to ban the dilation and evacuation procedure, a common second-trimester abortion procedure. State laws about abortion have been challenged at the Kansas Supreme Court and US Supreme Court level. On August 2, 2022, Kansas voters rejected a constitutional amendment that would have allowed the Republican-controlled legislature to restrict or ban abortion in Kansas, following the overturning of Roe v. Wade.

Abortion in Kentucky is illegal. There were laws in Kentucky about abortion by 1900, including ones with therapeutic exceptions. In 1998, the state passed legislation that required clinics to have an abortion clinic license if they wanted to operate. By the early 2010s, members of the Kentucky Legislature attempted to ban abortion in almost all cases and had also introduced the early abortion bans. Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year. In that year, 57% of people in Kentucky said abortion should be "illegal in all or most cases." A bill passed and made effective in April 2022 lowered the threshold to 15 weeks, the second most restrictive limit in effect in the United States behind Texas, and introduced regulations that made abortion illegal until it was blocked in federal court.

Abortion in Mississippi is illegal. The new law took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch certified on June 27, the Supreme Court decision on Dobbs v. Jackson Women's Health Organization on June 24 of that year. State Attorney General Lynn Fitch's certification made Mississippi's 2007 'trigger law' go into effect and ban all abortions in the state, “except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape".

Abortion in Nebraska is legal up to the 12th week of pregnancy, after new legislation was signed in May 2023. In June 2023, a lawsuit was filed to challenge the state's abortion law. The legislation establishing the law contained provisions concerning both abortion and gender-affirming care, while the state constitution prohibits bills that legislate on multiple issues at once.

Abortion in South Carolina is legal up to when an embryonic heartbeat can be detected, usually around 6 weeks gestation. On May 25, 2023, Governor Henry McMaster signed a 6-week ban, and it took effect immediately. The ban was indefinitely blocked in court on May 26, and reinstated by the South Carolina Supreme Court on August 23.

Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

Abortion in Florida is currently legal up until a gestational age of 15 weeks, whilst an embryonic heartbeat ban set to take effect on May 1, 2024 restricts abortion after a gestational age of 6 weeks after the woman's last menstrual period. Both pieces of legislation were passed by the Florida House of Representatives and the Florida Senate, then signed into law by Governor Ron DeSantis.

Abortion in Iowa is legal up to 20 weeks of gestation. A 6-week abortion ban has been indefinitely blocked in court.

Abortion in Wyoming is currently legal due to a temporary court injunction.

<span class="mw-page-title-main">Texas Heartbeat Act</span> 2021 Act of the Texas Legislature on abortion

The Texas Heartbeat Act, Senate Bill 8, is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect on September 1, 2021, after the U.S. Supreme Court denied a request for emergency relief from Texas abortion providers. It was the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade, and the first abortion restriction to rely solely on enforcement by private individuals through civil lawsuits, rather than having state officials enforce the law with criminal or civil penalties. The act authorizes members of the public to sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages per abortion, plus court costs and attorneys' fees.

References

  1. 1 2 Tebben, Susan (2024-03-05). "Clinics ask court to declare Ohio six-week abortion ban unconstitutional after amendment passage • Ohio Capital Journal". Ohio Capital Journal.
  2. ↑ Ingles, Jo (December 7, 2023). "Starting today, Ohioans have a constitutional right to an abortion as Issue 1 takes effect". Ideastream Public Media. Retrieved 7 December 2023.
  3. ↑ Hancock, Laura (2022-06-24). "Federal judge allows blocked 'heartbeat bill' to take effect, banning abortion around six weeks in Ohio". cleveland. Retrieved 2022-06-25.
  4. ↑ Knight, Anna Staver and Cameron. "Ohio's six-week abortion ban becomes law hours after Supreme Court's Dobbs decision". The Enquirer. Retrieved 2022-06-25.
  5. ↑ "Ohio Revised Code Section 2919.19: Definitions for ORC sections 2919.191 to 2919.1910". codes.ohio.gov. Retrieved 4 May 2022.
  6. ↑ "The Texas Abortion Ban Hinges On 'Fetal Heartbeat.' Doctors Call That Misleading". NPR.org. Retrieved 2022-05-05.
  7. ↑ Yang, Maya (7 October 2022). "Ohio court blocks six-week abortion ban indefinitely". The Guardian. Retrieved 2022-10-07.
  8. ↑ "Ohio Revised Code Section 2919.193: Determination of detectable fetal heartbeat; penalties". codes.ohio.gov. Retrieved 4 May 2022.
  9. ↑ "Ohio Revised Code Section 2919.16: Post-viability abortion definitions". codes.ohio.gov. Retrieved 4 May 2022.
  10. ↑ "Ohio Revised Code Section 2919.198: Immunity of pregnant woman". codes.ohio.gov. Retrieved 4 May 2022.
  11. 1 2 3 4 "States pushing abortion bans have highest infant mortality rates". NBC News. Archived from the original on May 25, 2019. Retrieved May 25, 2019.
  12. ↑ Hauser, Christine (2023-07-05). "Man Gets Life Sentence in Rape of Child Who Traveled for Abortion". The New York Times . Retrieved 2023-08-09.
  13. ↑ Bruner, Bethany; Trombly, Monroe; Cook, Tony (July 13, 2022). "Arrest made in rape of Ohio girl that led to Indiana abortion drawing international attention" . The Columbus Dispatch. Retrieved August 5, 2022.
  14. ↑ Bushard, Brian (July 22, 2022). "Ohio Man Indicted For Raping 9-Year-Old Who Was Forced To Travel To Indiana For Abortion". Forbes. Retrieved January 2, 2023.
  15. ↑ Simmons-Duffin, Selena (November 15, 2022). "Her miscarriage left her bleeding profusely. An Ohio ER sent her home to wait". NPR. Retrieved September 10, 2023.
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