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Freda Levenson, legal director for the ACLU of Ohio, says the federal court blocked the ban from going into effect in July. And she says the state hasn’t fought that.

“The state had an opportunity to appeal that ruling but it let the date to file an appeal come and go without doing anything,” Levenson says.

So, Levenson says her group is asking the court to permanently block the law, as has happened in some other states. When asked why the Ohio Attorney General’s office didn’t appeal, it replied with a written statement saying: “Our office will defend Ohio’s laws.” Backers of the ban have said they hope it will go to the U.S. Supreme Court.