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Judge dismisses lawsuit against Ohio pro-abortion amendment
An Ohio judge last week dismissed a legal challenge against Ohio's pro-abortion amendment, which declared a "right" to abortion in the state's constitution in 2023.
An Ohio judge has dismissed a lawsuit seeking to overturn Issue 1, which established a "right" to abortion in the state's constitution.
The judge did not rule on the merits of the lawsuit, which claimed that the constitution could only be changed by a constitutional convention, but instead ruled that the plaintiffs lacked standing to sue.
In 2023, Ohio voters passed Issue 1, an amendment that enshrined the "right" to abortion in the Ohio state constitution, eliminating the state's law protecting preborn children from abortion beginning at six weeks.
In May 2026, Representative Levi Dean, Representative Jennifer Gross, and Lebanon City Council Member Kristen Eggars, filed a lawsuit against Issue 1, arguing that its passage was unconstitutional.
In their legal challenge, the plaintiffs noted that in order to change multiple portions of the state's constitution — which they maintain is what Issue 1 did — the constitution itself states the correct process for such a change is to hold a constitutional convention.
Janet Porter, president of Faith2Action, noted at the time:
As explained by a landmark California Supreme Court decision concerning a ballot process nearly identical to Ohio's, a voter-enacted ballot initiative is invalid whenever fundamental constitutional rights are implicated.
On September 22, Butler County Common Pleas Judge J. Gregory Howard dismissed the lawsuit. Howard did not rule on the merits of the legal challenge, but instead determined that Dean, Gross, and Eggars lacked standing to bring the suit in the first place, as they couldn't argue that they were personally harmed by the new amendment.
Howard said that because Dean and Gross had brought their suit as private individuals, rather than in their roles as public lawmakers, they could not argue that the amendment infringed upon their ability to enact abortion-related laws.
He also dismissed a claim from Eggars that the amendment infringed upon her right to prevent her minor daughters from getting abortions without her parental consent.
"Plaintiff Eggers does not allege that either of her daughters are pregnant or likely to be, or that they would likely seek an abortion without parental consent. Plaintiff's pure speculation does not establish individualized injury sufficient for standing," Howard wrote.
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·Judge dismisses lawsuit against Ohio pro-abortion amendment
An Ohio judge last week dismissed a legal challenge against Ohio's pro-abortion amendment, which declared a "right" to abortion in the state's constitution in 2023.
An Ohio judge has dismissed a lawsuit seeking to overturn Issue 1, which established a "right" to abortion in the state's constitution.
The judge did not rule on the merits of the lawsuit, which claimed that the constitution could only be changed by a constitutional convention, but instead ruled that the plaintiffs lacked standing to sue.
In 2023, Ohio voters passed Issue 1, an amendment that enshrined the "right" to abortion in the Ohio state constitution, eliminating the state's law protecting preborn children from abortion beginning at six weeks.
In May 2026, Representative Levi Dean, Representative Jennifer Gross, and Lebanon City Council Member Kristen Eggars, filed a lawsuit against Issue 1, arguing that its passage was unconstitutional.
In their legal challenge, the plaintiffs noted that in order to change multiple portions of the state's constitution — which they maintain is what Issue 1 did — the constitution itself states the correct process for such a change is to hold a constitutional convention.
Janet Porter, president of Faith2Action, noted at the time:
As explained by a landmark California Supreme Court decision concerning a ballot process nearly identical to Ohio's, a voter-enacted ballot initiative is invalid whenever fundamental constitutional rights are implicated.
On September 22, Butler County Common Pleas Judge J. Gregory Howard dismissed the lawsuit. Howard did not rule on the merits of the legal challenge, but instead determined that Dean, Gross, and Eggars lacked standing to bring the suit in the first place, as they couldn't argue that they were personally harmed by the new amendment.
Howard said that because Dean and Gross had brought their suit as private individuals, rather than in their roles as public lawmakers, they could not argue that the amendment infringed upon their ability to enact abortion-related laws.
He also dismissed a claim from Eggars that the amendment infringed upon her right to prevent her minor daughters from getting abortions without her parental consent.
"Plaintiff Eggers does not allege that either of her daughters are pregnant or likely to be, or that they would likely seek an abortion without parental consent. Plaintiff's pure speculation does not establish individualized injury sufficient for standing," Howard wrote.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
Right to Life UK
·Politics
Bridget Sielicki
·Politics
Bridget Sielicki
·Politics
Cassy Cooke
·Politics
Cassy Cooke
·Politics
Nancy Flanders
·Politics
Bridget Sielicki
·Investigative
Bridget Sielicki
·Activism
Bridget Sielicki
·Issues
Bridget Sielicki
·International
Bridget Sielicki
·