UPDATE | Abortions after a fetal heartbeat is detected are now illegal in Ohio

Abortions are now illegal in Ohio after a fetal heartbeat is detected, which can occur as early as six weeks into pregnancy.

Ohio’s “heartbeat” abortion ban was passed in 2019, but the federal courts temporarily blocked the bill from taking effect until two other similar cases involving abortions after a heartbeat were resolved — one in Tennessee, another in Ohio, according to The Associated Press.

Within hours of the U.S. Supreme Court’s reversal of Roe v. Wade, the 1973 decision that made abortion access a constitutional right, Ohio Attorney General Dave Yost filed a motion to immediately dissolve that court’s injunction. A judge approved it Friday afternoon.

The new law prohibit abortions after the first detectable fetal heartbeat, which can occur as early as six weeks into pregnancy, before many women know they are pregnant, AP reported in March. That fact prompted opponents to argue that it effectively banned the procedure. The measure was twice vetoed by then-Gov. John Kasich, a Republican, before current Gov. Mike DeWine signed it.

Friday morning, the U.S. Supreme Court ruled 5-4 that there is no constitutional right to an abortion and that it is therefore up to each state to decide how to handle the issue.

“The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives,” a syllabus of the ruling reads.

‘Trigger ban’ bills still pending

Two bills in the Ohio General Assembly backed by Mahoning Valley legislators would ban abortion in the state following Friday’s decision.

Ohio Senate President Matt Huffman, R-Lima, celebrated the ruling.

“Today, the U.S. Supreme Court ruled in favor of life and liberty. Our members have consistently defended the lives of babies yet to be born. We will continue to do so, as we evaluate what additional resources pregnancy centers and young families may need,” Huffman said. “I look forward to reviewing the specific details in the opinion, so that as we move forward, any legislation we pass in the Ohio Senate follows the guidance of the court, protecting life and upholding the Constitution. Today, we celebrate a long overdue turning point in our nation’s history.”

Ohio Democrats have raised concerns over potential state legislation to ban abortions in the state.

“I am extremely concerned about what this ruling means for women, especially in Ohio where Statehouse Republicans have prioritized banning abortion, punishing women and throwing doctors in jail. Criminalizing health care will only put peoples’ lives in danger,” said House Minority Leader Allison Russo, D-Upper Arlington. “As Americans, we know people should have the fundamental freedom to make decisions about their bodies and health care. We have spent more than 50 years fighting for this right, and despite this setback, we won’t give up now. Democrats will continue protecting women’s freedom to access the health care they need, including abortion.”

Ohio House Bill 598 and Senate Bill 123 would serve as “trigger bans,” according to House sponsor Rep. Jean Schmidt of Loveland, R-65th, that would make it a crime for someone to purposely cause or induce an abortion by an instrument or drug.

SB 123 has had two hearings last fall in the Senate Health Committee, and HB 598 has had three hearings in the Ohio House Government Oversight Committee, the most recent coming in May when Schmidt came under fire for her comments about rape.

The bills contain no exception for rape and incest and during committee testimony Schmidt said rape victims have an opportunity if they become pregnant.

“It is a shame that it happens, but there’s an opportunity for that woman, no matter how young or old she is, to make a determination about what she’s going to do to help that life be a productive human being,” Schmidt testified.

The Senate bill allows an exception if a physician determines abortion is necessary to save the mother’s life, according to joint testimony from Valley state Sen. Sandra O’Brien of Rome, R-32nd, and Sen. Kristina Roegner of Hudson, R-27th, who are its primary sponsors.

Valley state Rep. Mike Loychik of Bazetta, R-63rd, is a co-sponsor of the House bill. Valley state Sen. Michael Rulli of Salem, R-33rd, is a co-sponsor of the Senate version.

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J.D. Davidson of The Center Square and Mahoning Matters staff contributed to this report.

This story was originally published June 24, 2022 at 2:45 PM.