PoliticsOklahomaoklahoma abortionoklahoma legislature

Oklahoma's Legislature Passed A Bill Making It A Felony To Perform An Abortion

The legislation will get blocked if the governor signs it.
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By 

Staff Reporter, The Huffington Post

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Will Oklahoma Gov. Mary Fallin (R) sign a law that would effectively ban abortions in the state?
ASSOCIATED PRESS

Oklahoma’s legislature passed a first-in-the-nation law Thursday that would make it a felony for abortion providers to perform or induce the procedure.

Senate Bill 1552 now heads to the desk of Oklahoma Gov. Mary Fallin (R). It contains no exceptions for cases of rape and incest or to protect the health of a pregnant person. (Abortions necessary to save the mother’s life are acceptable under the law.) Doctors would be barred from obtaining a license to practice medicine in the state if they violated the law, which refers to performing an abortion as “unprofessional conduct.” The minimum punishment for the law would be one year in jail.

The Center for Reproductive Rights said in April that it was “closely watching” the legislation. There’s no doubt that the bill would be challenged if Fallin gives her approval. Her office told a local news outlet that it wouldn’t comment until her staff had reviewed the legislation.

The CRR noted in an email sent to reporters that Fallin has signed 18 bills restricting reproductive health care access since she took office in 2011. The courts have blocked nearly all of them. One of those laws would have banned the method used to for nearly all abortions in the second trimester; it was the second state in the country to ban the dilation and evacuation method for abortions, after Kansas.

Only two abortion clinics currently operate in Oklahoma. The state legislature has passed a law requiring abortion patients to wait 72 hours to access the procedure.

This new measure criminalizing performing abortions is largely symbolic -- except for taxpayers, who will shoulder the burden of defending it in court. This is because it runs afoul of Roe v. Wade, the 1973 Supreme Court decision that legalized abortion until fetal viability nationwide, as well as the 1992 Planned Parenthood v. Casey decision that reaffirmed the Roe ruling and also introduced a new standard for evaluating whether restrictions on abortion access constitute an “undue burden” on patients.

The Supreme Court has previously refused to review North Dakota’s ban on abortions at six weeks and Arkansas’s ban on 12 weeks, so Oklahoma’s near-total ban would likely not make it that far up the court chain.

“Oklahoma has done away with all pretense, and passed a bill to ban abortion outright, punishing women and doctors in the process," said Dawn Laguens, executive vice president of Planned Parenthood Federation of America. "We've seen what this means for women forced to drive hundreds of miles or cross state lines for an abortion. Governor Fallin must protect Oklahoma women and veto this bill. Unfortunately, while Oklahoma is the most extreme we've seen, this is part of a national agenda to outright ban abortion."

This story has been updated to include comment from Laguens.

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Before You Go

Myths About Abortion That Need To Be Busted
MYTH: Abortion is dangerous.(01 of08)
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REALITY: Over 99.75 percent of abortions do not cause major medical problems.Less than one-quarter of 1 percent of abortions performed in the United States lead to major health complications, according to a 2014 study from the University of California, San Francisco, that tracked 55,000 women for six weeks after their abortions. The researchers note that this makes an abortion statistically about as risky as a colonoscopy.If that fact seems surprising, consider how American pop culture misrepresents the risks of abortion: Nine percent of film and television characters who have abortions die as a direct result of the procedure, according to another 2014 study from UCSF. (credit:Getty Images)
2. MYTH: Medical abortions -- those performed using pills -- are still fringe.(02 of08)
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REALITY: About one in five abortions are medical abortions.The Centers for Disease Control and Prevention found that 19 percent of abortions in 2011 were medical abortions and that 28.5 percent of those took place in the first nine weeks of pregnancy. The Guttmacher Institute also found that medical abortions increased substantially from 2008 to 2011, meaning more women have ended their pregnancies with this alternative to surgery.

3. MYTH: Women who get abortions will regret it, and are more likely to suffer mental health issues.(03 of08)
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REALITY: Most women will not regret their decision, and are no more likely to experience mental health problems than women who carry an unplanned pregnancy to term.While many women experience mixed emotions after an abortion, 95 percent of women who have abortions ultimately feel they have made the right decision, according to an August 2013 study from UCSF. "Experiencing negative emotions postabortion is different from believing that abortion was not the right decision," the researchers explained. Furthermore, while unplanned pregnancies often cause emotional stress, there is no evidence to suggest that women who choose to terminate their pregnancies will be more likely to suffer from mental health issues, according to a 2008 report from the American Psychological Association that investigated all relevant medical studies published since 1989.The APA found that past studies claiming abortion causes depression and other mental health problems consistently failed to account for other risk factors, particularly a woman's medical history. The APA accounted for these factors and found that, among women who have an unplanned pregnancy, those who have abortions are no more likely to experience mental health problems than those who carry the pregnancy to term.
4. MYTH: Fetuses experience pain during abortions.(04 of08)
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REALITY: Fetuses cannot feel pain until at least the 24th week of pregnancy. Experts ranging from Britain’s Royal College of Obstetricians and Gynaecologists to the American Congress of Obstetricians and Gynecologists agree with that timeline. In fact, research from UCSF found that fetuses can't perceive pain before 29 or 30 weeks of development.Then why have so many states banned abortions after 20 weeks of pregnancy? Perhaps misrepresentation of research is partly to blame: Many of the researchers most frequently cited by pro-life politicians told The New York Times that their research does not prove anything about fetal pain.
5. MYTH: The majority of Americans don't think abortion should be legal.(05 of08)
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REALITY: Most Americans support a woman's right to choose.According to a Gallup poll from 2014, 78 percent of Americans think abortion should be legal in some or all circumstances. (Fifty percent said "some circumstances," while 28 percent said all.) What's more, in 2012, Gallup found that 61 percent of Americans think abortions that take place during the first trimester of pregnancy should be legal. (Nine out of 10 abortions in the U.S. do take place during that time period, according to Guttmacher.) (credit:Getty )
7. MYTH: Most American women have easy access to abortions.(06 of08)
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REALITY: Women face a growing number of barriers to accessing abortions.More than 57 percent of American women live in states that are hostile or extremely hostile to abortion rights, according to the Guttmacher Institute. That represents a marked increase from 2000, when 31 percent of American women lived in such states. In 2011, 89 percent of counties in America had no abortion clinics. This is no accident: Across the U.S., lawmakers have enacted 231 new abortion restrictions over the past four years, according to a Guttmacher analysis from January 2015. As a result, many women have to travel great distances to reach an abortion clinic, where they may face 24-hour wait periods. These barriers particularly affect women living in rural areas and low-income women, who often can't afford to take time off work and pay for gas and a hotel room. Other laws force women to go through potentially distressing procedures, such as viewing their own ultrasound photos, in order to move forward with an abortion.
9. MYTH: Women would never have abortions if they knew what it was like to have a child.(07 of08)
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REALITY: Most women who have abortions are already mothers.Sixty-one percent of women who had abortions in 2008 were mothers, and 34 percent had two or more children, according to the Guttmacher Institute. That number only increased after the 2009 financial downturn. The National Abortion Federation told Slate that between 2008 and 2011, 72 percent of women seeking abortions were already mothers. A study from Guttmacher found that mothers typically have abortions to protect the children they already have; they simply cannot afford to raise another child. (credit:Getty Images)
10. MYTH: It is dangerous to perform abortions in clinics that do not meet the same standards as ambulatory surgical clinics. (08 of08)
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REALITY: Requiring abortion clinics to meet these standards does little to improve patient safety and forces many to shut down.Currently, 22 states require abortion clinics to meet a set of restrictive and often arbitrary standards, dictating that they be close to hospitals and that their hallways and closets meet certain measurements. Clinics often need to undergo expensive renovations in order to comply, and leading doctors' groups say the laws do little to improve patient safety.What's more, 11 states now require that doctors at abortion clinics obtain admitting privileges at a nearby hospital, but many hospitals flat-out refuse to grant these privileges. As a result, hospitals essentially have the power to shut down nearby clinics. (credit:Getty Images)
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