Planned Parenthood Southwest Ohio Region, et al. v. Ohio Department of Health, et al.

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 followed 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. In April 2024, Plaintiffs filed a Second Amended Complaint, adding a claim that the law violated the newly established Right to Reproductive Freedom Amendment of the Ohio Constitution, and in August 2024 filed a 12(C) Motion for Judgment on the Pleadings, arguing that Senate Bill 27 is unconstitutional as a matter of law under that Amendment for discriminatorily targeting procedural abortion. In February 2025, the Hamilton County Court of Common Pleas agreed, granting the Motion for Judgement on the Pleadings and permanently enjoining enforcement of Senate Bill 27.

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.