Oklahoma's Abortion Law: Current Status And What's Next

Oklahoma has a history of abortion bans dating back to 1910. In 2022, Oklahoma became the first state in the US to institute a ban on abortion from fertilisation post-Roe v. Wade. In March 2023, the Oklahoma Supreme Court ruled that the state constitution protects the right to abortion in life-threatening situations, striking down one criminal abortion ban while upholding another. The ruling came in the case of Oklahoma Call for Reproductive Justice v. Drummond, which challenged two state abortion bans as violations of the Oklahoma Constitution. While the court's decision was welcomed by doctors, it was criticised by Republican leaders and Governor Kevin Stitt, who have worked to restrict abortion access. This paragraph introduces the topic of Oklahoma's current abortion laws, providing a brief overview of the state's abortion legislation and the recent court rulings surrounding it.

Oklahoma's abortion ban in place since May 2022

Oklahoma has had a near-total ban on abortion in place since May 2022. On May 26, 2022, Governor Kevin Stitt signed HB4327 into law, banning abortion from the moment of conception. This made Oklahoma the only state in the US to successfully outlaw abortion while Roe v. Wade was still in place.

The law, HB4327, created a bounty-hunting scheme, encouraging the public to bring costly and harassing lawsuits against abortion providers, health centre workers, or anyone who helps someone access an abortion. Those who successfully sue are rewarded with at least $10,000 per abortion.

This law came after another citizen-enforced abortion ban, SB1503, was signed by Governor Stitt earlier in May 2022, banning all abortions after approximately six weeks of pregnancy.

In April 2022, Governor Stitt also signed SB612, which made providing an abortion a felony punishable by up to 10 years in prison and/or a $100,000 fine. This law was struck down by the Oklahoma Supreme Court in March 2023, which ruled that the state constitution protects the right to abortion in life-threatening situations. However, the Court upheld another abortion ban enacted in 1910, Section 861, which makes performing an abortion a felony punishable by up to five years in prison, unless it is necessary to preserve the pregnant person's life.

As a result of these abortion bans, abortion care is largely unavailable in Oklahoma. Abortion providers in the state have been severely limited in the services they can provide, and patients have been thrown into a state of chaos and fear, with many facing insurmountable barriers to accessing abortion.

The Oklahoma Supreme Court strikes down two abortion bans

On May 31, 2023, the Oklahoma Supreme Court ruled that two state laws banning abortion were unconstitutional. The 6-3 ruling stated that the bans were unconstitutional because they required a "medical emergency" for a doctor to perform an abortion. This conflicted with a previous ruling issued in March, which found that the Oklahoma Constitution provides an "inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life".

The two laws struck down were passed by the Oklahoma Legislature in 2022 and signed by Governor Kevin Stitt. They were modelled after laws first approved in Texas, empowering residents to file lawsuits against anyone who might have helped a woman obtain an abortion. The Oklahoma Supreme Court said that the House bill used language identical to the law struck down in March, while the Senate bill "provides even more extreme language".

Despite the court's ruling, abortion remains illegal in Oklahoma in most cases. The 1910 law prohibiting abortion remains in place, making it a felony crime punishable by up to five years in prison for anyone to perform an abortion or help a woman obtain an abortion unless it is "necessary to preserve her life".

The court's decision was welcomed by doctors who said uncertainty about the state's abortion laws often forced them to make women facing severe medical complications and non-viable pregnancies wait for their condition to worsen before they could perform an abortion. However, Republican leaders and Governor Stitt criticised the ruling, with Stitt saying that the court had "once more over-involved itself in the state's democratic process".

Abortion remains illegal in most cases

However, Oklahoma's 1910 law prohibiting abortion remains in place, making it a felony crime punishable by up to five years in prison. This law allows for abortions only when necessary to preserve the life of the pregnant woman. As a result, abortion care is largely inaccessible in the state, and doctors face criminal penalties for providing abortions outside of these limited circumstances.

The Oklahoma Supreme Court's ruling in May 2023 was a result of a lawsuit filed by the Center for Reproductive Rights and its partners, challenging two state abortion bans: SB 1503 and HB 4327. The lawsuit argued that these bans violated the Oklahoma Constitution, which protects inalienable rights and substantive due process. The court agreed, finding that the requirement of an "imminent medical emergency" conflicted with the constitutional right to terminate a pregnancy to preserve one's life.

While the ruling provides some protection for abortion access in life-threatening situations, it does not address the broader issue of reproductive autonomy in Oklahoma. Abortion remains illegal in most cases, and those who seek abortions for reasons other than life-threatening circumstances continue to face significant barriers and restrictions. The limited availability of abortion care in the state has had a profound impact on those seeking reproductive healthcare, forcing them to travel out of state or go without needed medical procedures.

The ongoing legal battles and changing landscape of abortion laws in Oklahoma and across the United States underscore the complexity and divisiveness of the issue. While some celebrate the expansion of abortion access, others decried the court's involvement, viewing it as an overreach into the state's democratic process. The future of abortion rights in Oklahoma remains uncertain, with ongoing efforts to restrict access and ongoing legal challenges to protect reproductive freedoms.

The right to abortion is protected in life-threatening situations

In March 2023, the Oklahoma Supreme Court ruled that the state constitution protects the right to abortion in life-threatening situations. This came about as a result of the case Oklahoma Call for Reproductive Justice v. Drummond, which challenged two state abortion bans. While the court's ruling struck down one of these bans, S.B. 612, it upheld the other, Section 861, enacted in 1910.

In its ruling, the Oklahoma Supreme Court recognised that "the Oklahoma Constitution creates an inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life". The court also affirmed that doctors should be able to use their own medical judgment to determine whether to provide an abortion when a patient's life is at risk due to the pregnancy itself or a medical condition the woman is currently suffering from or is likely to suffer from during the pregnancy.

The court's ruling affirmed that abortion access is protected in life-threatening situations, striking down S.B. 612, which prohibited all abortions except in narrowly defined medical emergencies and imposed harsh criminal penalties for performing abortions. However, it is important to note that abortion remains largely unavailable in Oklahoma, as the court declined to rule on the broader right to abortion outside of life-threatening circumstances.

While the ruling was a step forward in protecting abortion access in life-threatening situations, abortion rights advocates expressed disappointment that the court did not go further in recognising the broader right to abortion. Despite this, the ruling sets a precedent for future cases and provides some protection for pregnant individuals in Oklahoma whose lives are at risk.

Oklahoma's 1910 law makes abortion a felony

Oklahoma's 1910 law, Section 861, makes performing an abortion a felony punishable by up to five years in prison. The law states that "anyone who caused a woman to miscarry her baby [was] guilty of a felony." This law was upheld by the Oklahoma Supreme Court in March 2023, which ruled that abortion access is protected in life-threatening situations.

The Court's ruling struck down a more recent abortion ban, S.B. 612, enacted in April 2022, which prohibited all abortions except in narrowly defined medical emergencies. This law made abortion a felony punishable by up to 10 years in prison and/or a $100,000 fine. However, the Court upheld the 1910 law, stating that it "protects abortion access in dangerous situations."

The 1910 law was enacted long before modern medical advancements and does not take into account the various circumstances under which abortions may be necessary to protect a person's health and life. As a result, abortion access in Oklahoma is severely restricted, and even in cases of medical emergencies, there appears to be no clear and consistent policies for emergency obstetric care.

The impact of this law is far-reaching, with patients having to travel thousands of miles for legal abortion care, as Oklahoma is surrounded by states with similar abortion restrictions. The law has also led to the closure of clinics, further limiting access to abortion services.

While the Oklahoma Supreme Court's ruling provides some clarity in emergency situations, it does not significantly change the landscape of abortion care in the state. The Court's decision to uphold the 1910 law reinforces the limited access to abortion in Oklahoma, making it a felony unless necessary to preserve the pregnant person's life.

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