Ohio Heartbeat Abortion Ban

Summary

Following the overturn of Roe v. Wade, Ohio attempted to enforce a strict ban on abortions after a fetal heartbeat is detected (around 6 weeks). *NOTE: In Nov 2023, Ohio voters passed Issue 1, enshrining abortion rights in the state constitution, functionally nullifying this ban.*

Rights & Rules

01.
The 2019 'Heartbeat Law' made it a felony for a doctor to perform an abortion once cardiac activity was detected in the fetus (usually around 6 weeks of pregnancy).
02.
The law had NO exceptions for rape or incest; the only exception was to prevent the death or serious physical impairment of the mother.
03.
HOWEVER, in November 2023, Ohio voters passed a constitutional amendment (Issue 1) guaranteeing the right to make reproductive decisions, including abortion, up to the point of fetal viability (around 22-24 weeks).
04.
Because of the 2023 voter amendment, the Heartbeat Law is currently unconstitutional under Ohio state law and cannot be enforced.

Penalties

01.
Under the currently blocked law, a doctor performing an illegal abortion faced a fifth-degree felony, up to a year in prison, a $2,500 fine, and the loss of their medical license.

Verified Citations

Ohio Constitution, Article I, Section 22 (Passed 2023)

Source

"Every individual has a right to make and carry out one’s own reproductive decisions, including but not limited to decisions on... abortion... The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either an individual's voluntary exercise of this right or a person or entity that assists an individual exercising this right..."