“This ruling is a huge win for Ohioans and a major step toward accessible reproductive health care. The elimination of this medically unnecessary waiting period will undoubtedly ease the strain on patients, especially those traveling long distances to receive care,” said Nan Whaley, president and CEO of Planned Parenthood Southwest Ohio.
In a decision signed by Franklin County Common Pleas Court Judge David Young, abortion providers were granted a temporary restraining order on the 24-hour waiting period. Much of Young’s decision rested on implementation of the Ohio Reproductive Freedom Amendment, also referred to as Issue 1 last year, where voters protected access to abortion in the Ohio Constitution.
“It’s clear that the newly amended Ohio Constitution works as the voters intend: to protect the fundamental right to abortion and to forbid the state from infringing on it except when necessary to protect the health of a pregnant person,” said Jessie Hill, cooperating attorney for the ACLU of Ohio.
In addition, the waiting period from when patients receive state literature on abortions to when they can undergo the procedure can burden providers of abortion care and their patients, Young said.
The ruling
“Physicians have an ethical duty to act in accordance with their patients’ best interests. The waiting period forces abortion care providers to depart from that duty by denying time sensitive care for a specified minimum period putting patients’ health and wellbeing at risk,” Young said in his decision.
The in-person visit requirement also interferes with providers’ abilities to provide timely abortion care in accordance with the standard of care, Young said.
“Specifically, providers are forced to send patients away for absolutely no medical reason and against their best judgement,” Young said.
The lawsuit was filed in late March in the Franklin County Court of Common Pleas on behalf of Preterm-Cleveland, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center, and Dr. Catherine Romanos.
“This decision is the first step in removing unnecessary barriers to care,” Hill said.
Last week’s decision to lift the waiting period was a positive move toward increasing access to abortion for Ohio women and those from out of state, said a spokesperson for the Women’s Med Clinic in Kettering.
The 24-hour mandatory wait, which has been in effect for many years, made abortions more costly for the patient, thus limiting access as a result, the spokesperson said.
“Once a woman has decided a termination is her best option, she does not need another 24 hours to debate her choice,” the spokesperson said.
Anti-abortion advocates denounced the court decision.
“A 24-hour waiting period for an irreversible, life altering decision does not interfere with a mother’s ability to abort her child,” said Ohio Right to Life President Michael Gonidakis.
The 24-hour period gives patients time to reflect on the finality of the decision to have an abortion, Gonidakis said.
“Ohio’s 24-hour waiting period has led to countless babies being born in Ohio. Instead of rushing a mother to abort her baby, she deserves the time and resources to adequately reflect on this decision,” Gonidakis said.
Out-of-state patients
The Franklin County court decision comes as clinics in Ohio are seeing an increase in patients traveling from out-of-state.
“We are seeing patients from most of the southeastern states and Texas since abortions have become inaccessible in those areas. In particular, we have many patients from Indiana, West Virginia, Tennessee and Kentucky since abortion is illegal in all those states,” the Women’s Med spokesperson said.
Planned Parenthood Southwest Ohio has seen an increase in patients from Florida since May, a representative of the organization said. Kentucky and Indiana make up the majority of Planned Parenthood’s out-of-state patients, followed by Tennessee, Georgia, West Virginia and Florida.
For visits related to abortion care, Planned Parenthood Southwest Ohio sees around 400 visits a month, which is a 10% increase since May, the organization said.
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