An Ohio judge has ruled that the state’s “heartbeat” law that bans abortion after six weeks will remain blocked while a constitutional challenge proceeds.
Hamilton County Common Pleas Judge Christian Jenkins rejected the state’s argument that women have no right to an abortion since it isn’t mentioned in the Ohio Constitution in a preliminary injunction issued on Friday, the Associated Press reported.
Republican Governor Mike DeWine signed a law banning abortion after a detectable “foetal heartbeat” in 2019, that briefly went into effect after the Supreme Court overturned Roe v Wade in June.
The law has been suspended due as legal appeals make their way through the courts.
In comments made on Friday, Mr Jenkins said the right to an abortion doesn’t have to be named in the state constitution to be protected, the Associated Press reported.
“This court has no difficulty holding that the Ohio Constitution confers a fundamental right on all of Ohioans to privacy, procreation, bodily integrity and freedom of choice in health care decision-making that encompasses the right to abortion,” he said after issuing the judgment.
Mr Jenkins said the state had failed to prove that the ban on most abortions after detection of foetal cardiac activity is narrowly tailored enough not to infringe on those rights, according to the Associated Press.
He said the law was written “to almost completely eliminate the rights of Ohio women. It is not narrowly tailored, not even close”. The state is likely to appeal.
Ohio Right to Life President Michael Gonidakis told the Associated Press he was “saddened but not surprised” by the decision.
“The abortion clinics literally forum shopped to get the outcome they wanted. This is a moment in time for the pro-life movement and we are convinced that the Ohio Supreme Court will overturn this ruling,” Mr Gonidakis said. “Nowhere in Ohio’s Constitution does a right to an abortion exist.”
More than a dozen states have effectively banned abortion after the Supreme Court overturned Roe v Wade in June.
In July, an 11-year-old victim of rape was forced to travel to Indiana for an abortion after the pregnancy was discovered after the six week limit.
