Three Oklahoma abortion bills temporarily halted

One bill only allows physicians to perform abortions.

Published: November 14, 2023 11:00pm

(The Center Square) -

(The Center Square) - The Oklahoma Supreme Court temporarily halted three abortion laws on Tuesday, saying they "would place unnecessary burdens on the lawful termination of a pregnancy."

The groups Oklahoma Call for Reproductive Justice, Planned Parenthood and the Tulsa Women's Reproductive Clinic challenged three of the state's abortion laws.

One bill only allows physicians to perform abortions. Another allows only physicians affiliated with a hospital in the country or adjoining county where the drug is provided to administer abortion-inducing medications. Senate Bill 778 requires a pregnant person to have an ultrasound 72 hours before the abortion.

The groups said the laws violated the state's constitution. The Supreme Court sided with the plaintiffs 5-4.

"One of the dissents states: 'Any analysis of an abortion statute that proceeds under the proposition that the life of the unborn is unworthy of consideration is defective,'" said Justice Yvonne Kauger in her concurring opinion. "Any analysis of an abortion statute that proceeds under the proposition that the life of the mother is unworthy of consideration is defective."

Chief Justice John Kane IV and Justice Dana Kuehn said the majority does not consider the rights and interests of the unborn.

"Any analysis of an abortion statute that proceeds under the proposition that the life of the unborn is unworthy of consideration is defective," they wrote in their dissenting opinion. "In a separate concurring writing, my colleague makes the identical point as to the life of the mother. I completely agree with my colleague on this. However, the interests of the mother were the only interests considered by the majority- the rights of the unborn remain unheard."

House Democratic Leader Cyndi Munson, D-Oklahoma City, said she was pleased by the court's decision.

"When these extreme anti-abortion policies were presented to us by the Republican supermajority, House Democrats repeatedly raised our concerns regarding constitutionality and the harmful impact they would have on women's health care," Munson said.

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