Reinstates Ohio’s 6-week abortion ban following a Supreme Court remand — despite Ohio voters passing a constitutional amendment protecting abortion rights in 2023 by a 57% margin. Creates a Texas SB 8-style private enforcement mechanism.
In November 2023, Ohio voters passed Issue 1 — a constitutional amendment explicitly protecting the right to abortion in Ohio — by a 57-43 margin. The amendment added language to the Ohio Constitution stating that “every individual has a right to make and carry out one’s own reproductive decisions.”
This bill’s existence raises a direct constitutional question: can the Ohio legislature reinstate a law that was effectively superseded by a voter-approved constitutional amendment? That question is now in Ohio courts.
Rather than relying on state prosecutors to enforce the abortion ban, HB 315 creates a private right of action — meaning any private citizen anywhere in the country can sue an Ohio abortion provider for up to $10,000 per violation. This is modeled on Texas SB 8, which the Supreme Court allowed to remain in effect while litigation proceeded because there was no state official to sue to enjoin it.