Columbus — Today, the ACLU of Ohio, Preterm, and Planned Parenthood Southwest Ohio Region announced a lawsuit to block the law created by Ohio’s House Bill 214, the Down syndrome abortion ban.
NARAL Pro-Choice Ohio Executive Director Kellie Copeland said: “Let’s be clear, Governor Kasich signed this legislation as part of a strategy to overturn Roe v. Wade and eliminate abortion access in Ohio and across the country.
“It is deeply disturbing that the anti-choice organizations and legislators behind this bill were willing to cloak their true agenda behind false concern for the best interest of families raising children with Down syndrome. In the House and Senate, both in committees and on the floor, multiple amendments were offered to provide financial assistance for families with disabled children, to guarantee Medicaid coverage for people with Down syndrome, and to increase the state’s funding for special education. Republicans in the General Assembly heartlessly blocked every amendment offered, revealing their true agenda.”
Copeland continued: “Today’s lawsuit should serve as a warning to Governor Kasich, Attorney General DeWine, and the Ohio Legislature to end their crusade against abortion access. This bill was the 20th restriction on abortion and reproductive rights signed by Governor Kasich, and the legislature is currently considering three more unconstitutional abortion restrictions. How much taxpayer money are Kasich and DeWine willing to waste on their anti-abortion agenda?”
A similar abortion ban was blocked by the United States District Court, Southern District of Indiana. That court issued a permanent injunction on their Down syndrome abortion ban on September 22, 2017. (Link to Indiana decision. .pdf)
In addition to House Bill 214 being unconstitutional, all other abortion restrictions under current consideration in the Ohio House and Senate are also unconstitutional.
Senate Bill 28 — Fetal Tissue Burial Requirement
Blocked in Indiana by U.S. District Judge Tanya Walton Pratt on September 25, 2017
Forcing women to choose burial or cremation following an abortion is a blatant attempt by anti-choice politicians to shame women. Increased costs for unnecessary disposal methods presents an unconstitutional undue burden.
Senate Bill 145 — The Abortion Method Ban
Blocked in Kansas by Shawnee County District Court Judge Larry Hendricks on June 30, 2015
Blocked in Oklahoma by Oklahoma District Court Judge Patricia Parrish on October 14, 2015
Blocked in Arkansas by U.S. District Court Judge Kristine Baker on July 28, 2017
Blocked in Alabama by U.S. District Court Judge Myron Thompson on October 26, 2017
Blocked in Texas by U.S. District Court Judge Lee Yeakel on November 22, 2017
Method bans like this one put women at risk. The method at issue in this case — commonly referred to as dilation and evacuation (D&E) — is the safest and most effect method most commonly used by the medical community. Doctors and major medical groups like the American Congress of Obstetricians and Gynecologists oppose this ban.
House Bill 258 — Six-Week Abortion Ban
Blocked in North Dakota by U.S. District Judge Daniel Hovland on April 16, 2014. North Dakota appealed to the US Supreme Court, which chose to let the lower court ruling stand on January 25, 2016.
Blocked in Arkansas by U.S. District Judge Susan Weber on March 14, 2014.
This bill would block access to nearly all abortions in Ohio. By banning abortion at the point where a fetal heartbeat can be detected (which is as early as six weeks into a pregnancy) this bill flies in the face of Roe v. Wade. An identical proposal was vetoed by Gov. Kasich in December 2016.
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