Ohio judge rules informed consent and 24-hour abortion waiting period cause ‘harms’

A law requiring women to wait 24 hours before undergoing abortion — along with other restrictions put in place to protect women — has been blocked by an Ohio judge. After Ohioans voted in favor of making abortion a constitutional right, the abortion industry immediately announced its intention to overturn all restrictions on abortion within the state.

“All of us who have been continuing to fight litigation will continue to work together to ensure that restrictions and bans that are currently in place are no longer in place,” Lauren Blauvelt, co-chair of Ohioans for United Reproductive Rights. Ohioans for United Reproductive Rights is comprised of a coalition of organizations, including the ACLU of Ohio, Abortion Fund of Ohio, Planned Parenthood Advocates of Ohio, and the abortion facility Preterm-Cleveland, where Lakisha Wilson underwent a medically unnecessary later abortion which led to her death.

Franklin County Common Pleas Court Judge David Young ruled that “plaintiffs and their patients will continue to suffer imminent and irreparable constitutional, medical, emotional, psychological, dignitary and other harms” unless several Ohio laws were blocked — including the one-day waiting period, a requirement to see a doctor in person to undergo an abortion, and an informed consent law.

READ: Former abortion worker: We ‘often’ skirted the law on waiting periods

The ACLU of Ohio applauded the ruling, saying it was in line with voters’ choice to enshrine abortion as a right in the state constitution. In November of 2023 when Ohioans passed the Reproductive Freedom Amendment, they sent a really clear message to the state that we want government out of our healthcare decisions,” ACLU of Ohio attorney Jessie Hil said. “We’re just trying to carry out the promise of that amendment today.”

“We have heard the voices of the people and recognize that reproductive rights are now protected in our Constitution,” Ohio Attorney General David Yost said in a statement. “However, we respectfully disagree with the court’s decision that requiring doctors to obtain informed consent and wait 24 hours prior to an abortion constitute a burden. These are essential safety features designed to ensure that women receive proper care and make voluntary decisions. These measures were consistently upheld under Roe v. Wade. We plan to appeal this ruling.”

Peter Range, a Center for Christian Virtue Senior Fellow for Strategic Initiatives, also released an e-mailed statement, warning that this ruling puts women’s lives at risk.

“Facing an unexpected pregnancy, a mother deserves to know all of her options, free from coercion or pressure. Ohio’s common sense law requiring a 24-hour waiting period before a mother procures an abortion gives her the time, space, and opportunity to learn about the resources that are available to her,” he said. “Today’s decision hurts women and mothers in our state.”

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