Yesterday, Trumbull County Probate Judge David Engler filed a lawsuit to stop Ohio’s abortion amendment because it has eliminated his ability as a juvenile judge to have jurisdiction over judicial bypass proceedings for underage girls to obtain an abortion without parental consent.
Specifically, the new amendment created a conflict between Article I and Article IV of Ohio’s constitution. Article I was amended in 2023 to allow for abortions for any individual, yet Article IV states that probate judges have a duty to provide judicial bypass for individuals who are under 18 years old. Because Ohio’s voters were not told of this conflict in the ballot language before them when voting, the only way to resolve the discrepancy between these conflicting constitutional provisions is by asking the Ohio Supreme Court to halt enforcement of the amendment, create ballot language that clarifies the constitutional repercussions, and have voters clarify if that is their intent.
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“We tried to warn voters in 2023 that basic parental rights would be stripped by the abortion amendment, but I’ve talked to many people who did not realize until after the fact that this is indeed true,” said Carrie Snyder, Executive Director of Ohio Right to Life. “Parents, and when necessary, a probate judge in their stead, should maintain the ability to be involved with a decision of this magnitude when it involves their underage daughter. We appreciate Judge Engler’s courage in revealing this constitutional conflict and look forward to the Ohio Supreme Court’s ruling on this issue.”
Ohio’s abortion amendment has already caused a spike in abortion happening across the state, including around 20% of the total abortions done on out-of-state women coming into Ohio for abortion tourism. The human toll of over 25,000 babies gone in 2025 alone is staggering.
Ohio Right to Life will continue educating and advocating for laws that protect vulnerable people across the state, and helping direct women to the hundreds of pregnancy centers that offer free assistance to pregnant and parenting women so that they can choose life.
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