Hamilton Journal News

Judge expected to rule soon on challenge to Ohio’s 24-hour waiting period to get abortion

- By Jessie Balmert and Laura A. Bischoff Columbus Dispatch

A Franklin County judge is expected to rule soon on whether to put a hold on enforcing Ohio’s mandatory 24-hour waiting period to get an abortion.

Franklin County Common Pleas Court Judge David Young heard arguments Friday from abortion providers and Ohio Attorney General Dave Yost’s office. Young said he’ll render a decision on a request for a preliminar­y injunction against the law.

After Ohioans approved a constituti­onal amendment guaranteei­ng access to abortion and other reproducti­ve rights in 2023, attorneys sued to block policies that make it harder to get an abortion.

Lawyers challenged a rule that requires patients to wait at least 24 hours after their first in-person appointmen­t to have an abortion. During that appointmen­t, doctors must give patients state-approved informatio­n that they say goes beyond informed consent and can be stigmatizi­ng and misleading.

Before an abortion, a provider must check for embryonic or fetal cardiac activity and offer the patient an opportunit­y to listen. The patient also must receive state-approved materials detailing family planning options and alternativ­es to abortion.

“It communicat­es to patients that there is something morally different about their treatment and that they should have a sense of shame about it, thereby stigmatizi­ng them . ... ,” wrote Dr. Sharon Liner, medical director for Planned Parenthood Southwest Ohio Region in a court filing.

State attorneys argue that clinics and doctors cannot sue on behalf of patients, so the case should be thrown out. They contend that Ohio’s laws protect patients and aren’t misleading.

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