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In December 2020, Ohio Governor Mike DeWine signed into law Senate Bill 27, a fetal tissue disposal requirement that mandates burial or cremation of all embryonic and fetal tissue from a procedural abortion, imposing severe burdens on patients and stigmatizing essential care. On January 31, 2022, an Ohio judge preliminarily enjoined the law, finding that the law likely violates the Ohio state constitution’s guarantees of due process and equal protection. The victory follows a previous April 5, 2021 preliminary injunction halting enforcement of the law, because compliance would have been impossible due to the Ohio Department of Health’s (ODH) failure to establish necessary rules and regulations. The law is currently blocked from taking effect. In April 2024, Plaintiffs filed a Second Amended Complaint challenging the law under the Right to Reproductive Freedom Amendment of the Ohio Constitution. Litigation continues in the Hamilton County Court of Common Pleas.

This lawsuit was filed by the American Civil Liberties Union, ACLU of Ohio, Planned Parenthood Federation of America, and Fanon Rucker of the Cochran Law Firm on behalf of Ohio abortion providers.