A Hamilton County judge put on hold Friday afternoon Ohio’s so-called fetal “heartbeat” ban, at least temporarily making abortion legal in Ohio until 22 weeks, as the court considers whether the law violates the state constitution.
COLUMBUS, Ohio – Hamilton County Common Pleas Judge Christian Jenkins, a Democrat, ruled for the preliminary injunction against 2019′s Senate Bill 23, which banned abortion when fetal cardiac activity could be detected, after presiding over a hearing Friday that featured over five hours of testimony from physicians on both sides of the abortion debate.
“This law creates a degree of difficulty for practitioners, plus a narrow position to chose between themselves and their own interests and the delivery of health care that they very much want to deliver to their patients,” he said. The abortion providers suing the state include Preterm Cleveland, Planned Parenthood, Dr. Sharon Liner, who works for Planned Parenthood, Women’s Med Group in Dayton, and the Toledo Women’s Center.
After SB 23 went into effect, Liner said many patients broke down and cried when she told them she couldn’t perform an abortion because she could detect a heart tone. Some of her patients couldn’t travel out of state because of problems with transportation, getting time off work and finding people to care for existing children, Liner said.
”My understanding is the provider was not comfortable providing one,” she said, and the woman left the state for an abortion. If a doctor seeks advice from a lawyer, the lawyer will likely tell the doctor they can’t provide the abortion, because health care lawyers tend to be conservative and risk-adverse, protecting a hospital from liability, he said.
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