Hamilton County judge blocks Ohio law regulating abortion remains

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A 2020 Ohio law requiring the burial of fetal or embryonic remains following an abortion was halted Thursday by a Hamilton County judge.

In the 2021 lawsuit, Hamilton County Judge Alison Hatheway decided in favor of abortion clinics, stating that Senate Bill 27 has unconstitutional provisions that cannot be removed and that the only way to resolve the matter is to permanently prevent the law from taking effect.

In her ruling, Hatheway stated that if S.B. 27 were to become law, it would significantly restrict access to abortion, leading to postponed or refused medical care.

She decided that the state had not provided any evidence to back up the claim that S.B. 27 is the least restrictive way to improve a person’s health in line with generally acknowledged and scientifically supported standards of care.

Hatheway noted that it is evident why the state has remained mute on this matter, as the clinics contend. Simply put, S.B. 27 has no positive impact on patient health.

Planned Parenthood in Ohio and other state clinics filed the case, emphasizing that they dispose of surgical abortion tissue in accordance with the same requirements as other medical facilities.

In addition to a parental consent form for minors and reporting documentation on disposal, the law required the ODH to develop a notice form for the pregnant individual, advising them of their right to decide how and where fetal remains will be disposed of in the end.

Clinics told the court that because the statute was going into effect before Ohio Department of Health guidelines were finalized, it would create an impossible situation.

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According to S.B. 27, clinics that violated ODH’s guidelines for the burial and cremation of surgical abortion tissue—which is defined as anything produced as a result of human conception—could face misdemeanor criminal charges.

The court pointed out in her decision that the Senate bill makes no mention of regulating the same tissue derived from IVF embryos or miscarriages.

According to her, S.B. 27 only targets and discriminates against people who want procedure abortions and the medical professionals who offer them.

Hatheway had repeatedly temporarily delayed the law, including in February 2022, when she stated that the clinics had a good chance of winning the lawsuit because the Ohio Constitution confirmed that the right to choose one’s own health care is a basic one.

Even before a constitutional amendment was adopted in November 2023 to include reproductive rights, including abortion, in the state’s foundational document, that verdict was made public.

An updated complaint was submitted in April with an argument utilizing the new constitutional amendment, which had been adopted by 57% of Ohio voters.

Following the announcement of the decision, Jessie Hill, a cooperating attorney for the American Civil Liberties Union of Ohio, stated in a statement that the statute “blatantly violates the Ohio Constitution because its primary goal was to place substantial costs on abortion patients and providers and to shame them in seeking care.”

It’s unclear if the state will pursue the possibility of appealing the verdict to a higher court. However, Ohio Right to Life, an anti-abortion movement, stated that they are expecting a challenge.

In a statement, Ohio Right to Life President Mike Gonidakis stated, “We fully expect our pro-life Attorney General Dave Yost to appeal this inappropriate decision.” The federal judiciary and now our state courts are causing the American people to get weary. The courts’ job is to interpret the law, not to create it.

According to a Yost representative, the AG’s office is examining the ruling and will weigh all available alternatives for the next course of action.

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