Appeals court blocks Ohio's unconstitutional abortion law

Appellate court upholds lower court ruling that permanently blocks law requiring burial or cremation of fetal remains from surgical abortions.

Feb. 27, 2026 at 3:18pm

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An appellate court has upheld a lower court ruling that permanently blocks a law requiring the burial or cremation of fetal remains from surgical abortions in Ohio. The law was part of Senate Bill 27 passed in 2020, but Planned Parenthood and other providers sued and obtained a temporary restraining order to block it from going into effect.

Why it matters

The appeals court ruling is the first affirmative interpretation of the law from an appellate court and will help abortion providers focus on essential health care without interference from the state. Ohio voters had clearly stated they want no laws that limit a woman's right to choose on abortion, but elected leaders have continued trying underhanded tactics to undermine this constitutional right.

The details

The Ohio First Court of Appeals in Cincinnati ruled that the law requiring clinics to inform women of their options for fetal remains, cover the costs of cremation or burial, and file paperwork with the state, unconstitutionally burdens and discriminates against those seeking abortions. ACLU Ohio attorney Jesse Hill said the ruling will help clients focus on essential health care without state interference.

  • In 2020, the Ohio legislature passed Senate Bill 27 which included the fetal remains law.
  • In 2022, Planned Parenthood and other providers sued and obtained a temporary restraining order to block the law from going into effect.
  • On February 27, 2026, the Ohio First Court of Appeals upheld the lower court's ruling permanently blocking the law.

The players

Planned Parenthood

A provider of reproductive health services that sued to block the Ohio law requiring burial or cremation of fetal remains from surgical abortions.

ACLU Ohio

The American Civil Liberties Union of Ohio, which represented abortion providers in the lawsuit against the fetal remains law.

Jesse Hill

An attorney with the ACLU of Ohio who said the appeals court ruling will help abortion providers focus on essential health care without state interference.

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What they’re saying

“The state cannot burden, penalize, or discriminate against those who seek abortion or those who assist in seeking abortions.”

— Jesse Hill, Attorney, ACLU of Ohio

The takeaway

This case highlights the ongoing legal battles over abortion rights in Ohio, where elected leaders have continued to pursue restrictive measures despite voters clearly stating they want no limits on a woman's right to choose. The appeals court ruling is an important affirmation of reproductive rights in the state.