Debate continues on Ohio’s heartbeat act which would ban abortion after six weeks

COLUMBUS, Ohio ( WCMH ) — The debate about whether part of the state’s Heartbeat Act , which bans abortion after six-weeks, can go into effect is still underway.

Back in 2022, when Roe V Wade was overturned, Ohio’s heartbeat act went into effect — banning abortions after six weeks. It was quickly taken to court and still remains in the hands of a Hamilton County judge. “We all need to emphasize that the fight for reproductive rights is not over,” Representative Anita Somani (D-Dublin) said.

During all this time, Ohioans passed an amendment to allow abortion to the point of fetal viability , which is typically around 22-24 weeks. What does that mean for the six-week ban?

While Attorney General Dave Yost said their argument concedes that the six-week ban portion of the bill is now unconstitutional, he argues the repeal of the law “should go no further.” He said all the questions about the amendment versus law are not straightforward.

“Some of them are very broad and clear and we’ve conceded a few of those, some of them are much more nuanced and subtle,” Yost said. For example, the defense argument points to, whether an abortion provider is legally obligated to tell the pregnant woman if they hear a heartbeat. That is part of the Heartbeat Act and Yost argued it is not unconstitutional under the new amendment.

But even after the Hamilton County judge’s decision, which has now been delayed for a second time, the battle likely won’t end there. “I have no doubt that it will ultimately end up at the Supreme Court of Ohio,” Yost said.

Right now, the Supreme Court of Ohio is made up of four republicans and three democrats. Three seats are open for election this November — which could shift the make-up of the court. Democrats like Ohio House Minority Leader Allison Russo said these races are especially important when considering reproductive rights.

“It also, I think, emphasizes the importance of who sits on the Ohio Supreme Court,” Russo said. “Are they going to interpret the Constitution in a way that is nonpolitical and is not based on personal feelings, but on what the Constitution actually says?”

The ruling on the six-week abortion ban was first supposed to come back in June. It is now not expected until the end of August, at least. Meantime, there are several bills in the Ohio Statehouse related to abortion. For example, one to halt public funds paying for the service and others to repeal standing laws that Democrats said now contradict the constitution.

For the latest news, weather, sports, and streaming video, head to Fox 8 Cleveland WJW.