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A judge in Ohio has put a temporary hold on the state’s abortion ban

USA judge in Ohio has put a temporary hold on the state's abortion ban

Wednesday, a court in Ohio declared that the right to abortion is guaranteed by the state’s Constitution, and as a result, the judge temporarily halted the state’s restriction on abortions beyond the sixth week of pregnancy.

The decision restores broad access to abortion in Ohio — at least for the next 14 days — and widens access in a block of states where abortion has been banned or unavailable since the decision of the United States Supreme Court in June that ended the constitutional right to abortion. In Ohio, the decision restores broad access to abortion for at least the next 14 days.

Because of the limitations, women who wanted or needed abortions throughout the area have been forced to travel significant distances to have them. In one example that received a lot of media attention, an Ohio girl who was just 10 years old and had been pregnant as a result of being raped was not allowed to have an abortion in Ohio, so she went to Indiana instead. In Indiana, where a ban on abortion was just imposed in response to a decision by the Supreme Court, the practise will be generally outlawed as of Thursday. However, Indiana’s legislation is also being challenged in court.

There are now more than a dozen states that either outright prohibit or severely limit the practise of abortion. The legislatures of other states are currently debating whether or not to enact more restrictions, while other states are working to expand abortion rights. This week, West Virginia enacted a law that prohibits almost all abortions, and Senator Lindsey Graham made a proposal to outlaw all abortions after 15 weeks of pregnancy throughout the country.

In the state of Ohio, a judge in the Hamilton County Court of Common Pleas noted in an opinion that the plaintiffs, who were a group of Ohio abortion providers, were likely to succeed on the merits of their complaint when it was brought to trial.

The claim that there was a “fundamental right to abortion” under the Ohio Constitution because it gave equal protection and benefit to women was accepted by Judge Christian A. Jenkins as valid. This was the conclusion reached by the providers. He said that an earlier ruling made by a federal court on the subject of abortion had acknowledged that the State Constitution granted more rights than the Federal Constitution did. In addition, he acknowledged the fact that citizens of the state had, in 2011, ratified an amendment to the Constitution known as the “health care freedom amendment,” which prohibits the government from restricting or punishing the purchase of health insurance. The passage of that measure was seen as a rejection of the extension of health insurance that was proposed by Obamacare.

Democrat Judge Jenkins wrote in her opinion that there is “no great stretch required to find that Ohio law recognises a fundamental right to privacy, procreation, bodily integrity, and freedom of choice in health care decision making.” “No great stretch is required to find that Ohio law recognises a fundamental right to privacy,” she said.

It was a rare victory for proponents of abortion rights, who had filed lawsuits against more than a dozen states that had banned abortion in anticipation of the Supreme Court’s decision to overturn Roe v. Wade, which had supported a constitutional right to abortion for nearly half a century. Roe v. Wade had been upheld by the court for nearly half a century. These lawsuits asserted that state constitutions included a right to abortion; nevertheless, judges in the majority of these instances refused to prohibit abortion restrictions while the legal proceedings continued. Abortion rights activists have only been successful in temporarily halting so-called trigger prohibitions on abortion in three states: North Dakota, Utah, and Wyoming.

In 2019, Ohio, a state that has been a testing ground for ever more stringent abortion restrictions over the previous decade, legislated a ban on abortions performed during the first six weeks of pregnancy. When foetal cardiac activity can be discovered, which is often about six weeks following the beginning of a pregnant woman’s last menstruation, the law places restrictions on the ability to have an abortion. This is before many women are even aware that they are pregnant.

In his judgement, Judge Jenkins highlighted testimonies from abortion providers who recounted the damages that had been caused to women who had been unable to get abortions. One of these women was the 10-year-old girl who was six weeks and three days pregnant when she sought the operation. When they were informed that they were unable to have an abortion, several high school girls resorted to making suicide threats or actually attempted to take their own lives. Due to the fact that she was eight weeks pregnant and required chemotherapy for recurring cancer, one lady in Ohio was unable to get either treatment for her illness or an abortion.

According to Mike Gonidakis, president of Ohio Right to Life, the judge was making “a political statement, not a statement based on law or truth,” and Mr. Gonidakis expected that the Ohio Supreme Court will eventually preserve the 2019 statute. He said that a typical individual could not even draw from anywhere in the Ohio Constitution that there is a state constitutional right to abortion.

As a result of the judge’s judgement, pregnant women in Ohio may now get abortions until they are 22 weeks along in their pregnancies. The temporary restraining order was issued for a period of 14 days; however, the attorneys representing the abortion providers have said that the court may extend the injunction after another hearing.

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