[Sep 12, 2005]
A federal judge in Cincinnati on Friday allowed abortion providers two weeks to comply with an abortion-related Ohio law (HB 421) -- which was passed in 1998 but never enforced -- one day after the court ruled that the law is constitutional and would take effect immediately, the Cleveland Plain Dealer reports. The law requires unmarried minors to obtain parental consent before seeking abortions as well as a 24-hour waiting period for any woman before undergoing the procedure. The regulation will take effect on Sept. 22 (Spector/Theis, Cleveland Plain Dealer, 9/10). U.S. District Court Judge Sandra Beckwith wrote on Thursday that the plaintiffs' evidence does not demonstrate that the law "imposes undue burdens on the abortion right even when viewed in a highly deferential manner" (AP/Long Island Newsday, 9/9). However, she added, "The need for more clarity is acute because ... legislatures will continue to legislate in this area, pro-choice advocates will continue to challenge such legislation, and the federal courts will continue to be caught in the middle" (Craig, Cincinnati Enquirer, 9/9).
Two-Week Delay
Attorneys for the American Civil Liberties Union, which initially challenged the constitutionality of the law on behalf of Cincinnati Women's Services, filed an emergency request with the court on Friday to delay the implementation of the law for 30 days. Beckwith instead agreed to a two-week reprieve to allow courts, physicians and patients to obtain paperwork and schedule appointments to comply with the law. As a result of the rulings on Thursday and Friday, clinics across Ohio canceled procedures and contacted patients to reschedule their appointments (Abraham, Akron Beacon Journal, 9/9).
Background
The law, which was signed by former Gov. George Voinovich (R) but put on hold by litigation, requires girls under age 18 to obtain a parent's or guardian's consent for an abortion (AP/Long Island Newsday, 9/9). Under the old law, abortion providers were required to notify parents about their daughter's planned abortion, but the girl could seek judicial bypass if she could convince the judge that the abortion was in her best interest, that she would face abuse by having to tell her parents or that she was "mature enough" to make the decision, the Beacon Journal reports. The new law still allows minors to seek a judge's permission to bypass the parental consent requirement, but the abuse defense can no longer be used (Akron Beacon Journal, 9/9). In addition, the law calls for a woman seeking an abortion to meet with a physician at least 24 hours before having the procedure to hear a description of the process, its risks and alternatives (AP/Long Island Newsday, 9/9).
Reaction
Ohio Attorney General Jim Petro (R), who defended the law, called the ruling a "victory for the unborn," and Ohio Right to Life said that the ruling will strengthen women's rights. The ruling "protects women's dignity in their time of need by requiring doctors to act like medical professionals, not businessmen," Denis Mackura, executive director of Ohio Right to Life, said, adding, "[A] system that says it's OK not to meet the doctor until a woman is up in the stirrups ... [is] not good medical care." Cincinnati attorney Al Gerhardstein, who argued against the law, said the restrictions would further a health care system that supports the wealthy over the poor. "Over the long term, we will see the rights of poor women further restricted," he said, adding, "We will see the rights of women who are victims of abuse further restricted. ... People who are at the margins of our society will have fewer rights, and that's very wrong" (Theis, Cleveland Plain Dealer, 9/9).
For current women's health policy news, visit the National Partnership for Women & Families' website.