Ohio Appeals Court Upholds Block on Abortion Burial or Cremation Law for Violating Reproductive Freedom Amendment
February 25, 2026 3:00 pm
COLUMBUS- Today, Ohio’s First District Court of Appeals upheld a trial court ruling permanently blocking Senate Bill 27, a law that requires burial or cremation of fetal and embryonic tissue from procedural abortions. The Hamilton County Court of Common Pleas preliminarily blocked the law in 2021, and issued the permanent injunction in February 2025. Today’s ruling is yet another historic application of the Reproductive Freedom Amendment to the Ohio Constitution, which took effect in December 2023.
Per the ruling, “Ohio voters said what they meant. The State may not burden, penalize, or discriminate against those who have an abortion and those who assist them in obtaining one.”
Jessie Hill, cooperating attorney for the ACLU of Ohio: “As the court explained, the Reproductive Freedom Amendment protects conduct that occurs before, during, and after a procedural abortion. While this law has not been in effect for years, today’s ruling will allow our clients to focus on providing essential healthcare without further interference from the state. We celebrate this ruling as yet another testament to the power of Ohio’s new Reproductive Freedom Amendment, and the first affirmative interpretation from an appellate court.”
Dr. Sharon Liner, Medical Director for Planned Parenthood Southwest Ohio Region: “We're pleased that the court upheld the injunction blocking the cruel burial and cremation law. Abortion is essential healthcare and this law was nothing more than an opportunity to shame and stigmatize our patients. Our focus remains on the health, safety, and dignity of our patients.”
The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, and Fanon Rucker of The Cochran Firm filed this lawsuit on behalf of Planned Parenthood Southwest Ohio Region, Dr. Sharon Liner, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center.
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