Tuesday, November 14, 2006

Ohio abortion law in part too restrictive

The U.S. Sixth Circuit Court of Appeals yesterday ruled that Ohio’s abortion law was too restrictive in giving minors only one chance in court to avoid getting their parents’ consent to having an abortion, while also upholding a provision requiring women to meet face-to-face with a doctor at least 24 hours before having an abortion and remanding the case back to the district trial court. (Decision)

Until 1998, Ohio law had no restrictions on the number of times a minor could petition the court for a judicial bypass of a prior parental-notification rule. In 1998, the General Assembly passed HB 421, which became ORC § 2991.121, making “substantial changes in Ohio’s laws regulating abortion,” two of which – on parental notification -- were at issue here. The current case appeals the Sept. 2005 Southern Ohio District Court decision.

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