Abortion in Oklahoma explained

Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.

Oklahoma banned abortion in 1910 and it remained banned until the United States' Supreme Court 1973 decision Roe v. Wade. Oklahoma became the first state in the United States to institute a ban on abortion from fertilisation post-Roe v. Wade in April 2022, two months before the U.S. Supreme Court overturned the case in Dobbs v. Jackson Women's Health Organization. In March 2023, the Oklahoma Supreme Court found the Oklahoma Constitution's provisions guaranteeing due process and a right to life guaranteed a limited right to an abortion when there is reasonable certainty pregnancy threatens a woman's life.

History

History of access to legal abortion

Oklahoma passed a law in 1910 that made "anyone who caused a woman to miscarry her baby guilty of a felony."[1]

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[2]

The state passed a law in the 2000s banning abortions after 22 weeks because legislators alleged that a fetus could feel pain.[3]

The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement.[4] The law required that materials be created by the Oklahoma State Department of Health.[5] The informed consent materials were required by statute to be given to women and used graphic and inflammatory language. The law also required the woman to be told how far advanced her pregnancy was. Oklahoma law required that women seeking abortions after 20 weeks be verbally informed that the fetus may feel pain during the abortion procedure, despite a Journal of the American Medical Association conclusion that pain sensors do not develop in the fetus until between weeks 23 and 30. Informed consent materials about fetal pain at 20 weeks stated "the unborn child has the physical structures necessary to experience pain." In contrast, The Journal of the American Medical Association has concluded that pain sensors do not develop in the fetus until 23–30 weeks.[6] It should be stated that some research does agree with the principle of the law, including findings of the Journal of Medical Ethics, more recent evidence calls into question the necessity of the cortex for pain and demonstrating functional thalamic connectivity into the subplate is used to argue that the neuroscience cannot definitively rule out fetal pain before 24 weeks.[7]

A 2009 Oklahoma law, overturned by a federal court in 2010, would have required doctors to report information from a 37-question form about every woman receiving an abortion to the state health department for publication in an online registry.[8] A lawyer for the Center for Reproductive Rights, a co-plaintiff in the lawsuit challenging the law, said the law would have made public potentially identifying details about women, and was intended to dissuade women from seeking abortions.[9] Todd Lamb, who sponsored the law as a state senator, called it "essential in protecting the sanctity of life" and "pro-life". A fetal heartbeat bill (SB 1274) was signed into law by then-Oklahoma Governor Mary Fallin in April 2012 that required an abortion provider to offer a woman the opportunity to hear the conceptus's heartbeat before ending the pregnancy and applied when the conceptus was at least eight weeks old. The bill took effect in November 2012.[10]

In 2013, the Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions in addition to abortion clinics.[11] On November 4, 2013, the U.S. Supreme Court declined to hear an appeal by the state of Oklahoma to the overturning, on constitutional grounds, of a bill intended to ban the practice of terminations of early pregnancies via medication.[12]

In 2016, Oklahoma state legislators passed a bill to criminalize abortion for providers, potentially charging them with up to three years in prison.[13] [14] [15] On May 20, 2016, Governor Mary Fallin vetoed the bill before it could become law, citing its wording as too vague to withstand a legal challenge.[16] [15] The state legislature was one of four states nationwide that tried, and failed, to pass a "fetal heartbeat" bill in 2016.

In 2017, the state was one of six where the legislature introduced a bill that would have banned abortion in almost all cases. It did not pass.[15] They were also one of eight states trying to pass a "fetal heartbeat" bill that year. The state legislature tried and failed to ban abortion again in 2018. They also tried and failed to pass a "fetal heartbeat" bill that year. In mid-May 2019, state law banned abortion after week 22.

In March 2020, Governor Kevin Stitt signed an executive order to limit elective medical procedures, later confirming that all types of abortion services were included, except for those necessary in a medical emergency or to "prevent serious health risks" to the pregnant woman. On April 6, federal judge Charles Barnes Goodwin blocked the executive order, ruling that the state "acted in an 'unreasonable,' 'arbitrary,' and 'oppressive' way," which "imposed an 'undue' burden on abortion access" in Oklahoma.[17]

Oklahoma's abortion ban took effect on May 25, 2022, when Governor Kevin Stitt signed HB 4327 into law, and abortion providers ceased offering services in Oklahoma as of that date.[18] [19] HB 4327 is modeled after the Texas Heartbeat Act and is enforced solely through civil lawsuits brought by private citizens, making it exceedingly difficult for abortion providers to challenge the constitutionality of the statute in court.[20] [21] Oklahoma was the first state to successfully ban abortion from the moment of fertilization post-Roe v. Wade.[22] The Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization in June 2022.[23]

In March 2023, a 5-4 majority of the Oklahoma Supreme Court found that the Oklahoma Constitution guarantee of a right to life included a "limited right" to life-saving abortions when there is "reasonable" certainty pregnancy threatens a person's life and that the Oklahoma Legislature's requirement of an "imminent medical emergency" violated that right.[24] [25] The Court declined to comment on the constitutionality of bans on elective abortions. On May 31, 2023, the Oklahoma Supreme Court overturned Senate Bill 1503 and House Bill 4327 as unconstitutional limitations on the right to abortion in the state. SB 1503, authored by Senator Julie Daniels, had banned abortion from the detection of a fetal heartbeat (usually about 6 weeks into a pregnancy). It allowed for an exception for "medical emergencies," but did not define the term. HB 4237, authored by Representative Wendi Stearman, had been described as the "strictest abortion ban in the country" and prevented abortion from conception and had exceptions for saving the life of the mother and rapes that had been reported to police.[26]

On September 12, 2023, a woman filed an administrative complaint with the U.S Department of Health and Human Services against a hospital in Oklahoma, stating that she was denied an abortion by two different Oklahoma hospitals despite having dangerous pregnancy complications.[27]

History of clinics

See also: Abortion clinic. Between 1982 and 1992, the number of abortion clinics in the state decreased by seven, going from eighteen in 1982 to eleven in 1992.[28] In the period between 1992 and 1996, the state saw no change in the total number of abortion clinics. While only three states saw gains in this period, this state was one of four to see no changes with 11 abortion clinics in the state in 1996. In 2014, there were three abortion clinics in the state.[29] In 2014, 96% of the counties in the state did not have an abortion clinic. That year, 54% of women in the state aged 15–44 lived in a county without an abortion clinic.[30] In 2014, 51% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[31] In 2017, there were six Planned Parenthood clinics, of which one offered abortion services, in a state with a population of 882,108 women aged 15–49.[32]

The first new clinic to provide abortion care opened in Oklahoma City in 2016, Trust Women Oklahoma City.[33] [34] As of 2022, there are no abortion providers offering services in Oklahoma as a result of HB 4327.[35]

History of the abortion-rights movement

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[36] Many Oklahoman's who were supportive of abortion started protesting following restrictions on the procedure that were signed into law in May 2022.[37] [38] In June 2022, additional protests across several cities such as Oklahoma City, Norman, and Tulsa had risen substantially after the Supreme Court's ruling on Dobbs v. Jackson Women's Health Organization.[39] [40] [41] [42] [43]

Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters rallied and marched in Oklahoma City,[44] Tulsa,[45] Talequah,[46] and Bartlesville.[47]

Statistics

In the period between 1972 and 1974, there was one illegal abortion death in Oklahoma.[48] In the same period, the state had an illegal abortion mortality rate per million women aged 15–44 of between 0.1 and 0.9. In 1990, 328,000 women in the state faced the risk of an unintended pregnancy. In 2010, the state had no publicly funded abortions.[49] In 2013, among white women aged 15–19, there were 460 abortions, 110 abortions for black women aged 15–19, 0 abortions for Hispanic women aged 15–19, and 140 abortions for women of all other races.[50] In 2017, the state had an infant mortality rate of 7.7 deaths per 1,000 live births.[51]

Census division and state
Number Rate % change 1992–1996
199219951996199219951996
US Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
West South Central 127,070 119,200 120,610 19.6 18 18.1 –8
Arkansas 7,130 6,010 6,200 13.5 11.1 11.4 –15
Louisiana 13,600 14,820 14,740 13.4 14.7 14.7 10
Oklahoma 8,940 9,130 8,400 12.5 12.9 11.8 –5
Texas 97,400 89,240 91,270 23.1 20.5 20.7 –10
Location! colspan="3"
ResidenceOccurrence% obtained byout-of-state residentsYearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Oklahoma 4,808 6.3 90 4,916 6.4 92 8.7 2014 [52]
Oklahoma4,8136.3914,7096.18982015[53]
Oklahoma4,4095.7844,2945.6828.02016[54]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Notes and References

  1. News: Green . Lauren . Oklahoma full abortion ban harkens back over 100 years . 23 March 2023 . The Norman Transcript . June 14, 2022 . 23 March 2023 . https://web.archive.org/web/20230323015959/https://www.normantranscript.com/news/oklahoma-full-abortion-ban-harkens-back-over-100-years/article_e697a314-ec2b-11ec-b631-5b12b37e356f.html . live .
  2. Buell. Samuel. 1991-01-01. Criminal Abortion Revisited. New York University Law Review. 66. 6. 1774–1831. 11652642. 2019-05-29. 2018-06-21. https://web.archive.org/web/20180621092551/https://scholarship.law.duke.edu/faculty_scholarship/2174/. live.
  3. Web site: Abortion Restrictions in States. Times. The New York. archive.nytimes.com. May 25, 2019. June 12, 2019. https://web.archive.org/web/20190612212126/https://archive.nytimes.com/www.nytimes.com/interactive/2013/06/18/us/politics/abortion-restrictions.html. live.
  4. Web site: State Policy On Informed Consent for Abortion. Fall 2007. Guttmacher Policy Review. May 22, 2019. June 15, 2020. https://web.archive.org/web/20200615224552/https://www.guttmacher.org/sites/default/files/graphics/gpr1004/gpr100406t1.pdf. live.
  5. Web site: Misinformed Consent: The Medical Accuracy of State-Developed Abortion Counseling Materials. 2006-10-25. Guttmacher Institute. May 23, 2019. 2019-05-16. https://web.archive.org/web/20190516194136/https://www.guttmacher.org/gpr/2006/10/misinformed-consent-medical-accuracy-state-developed-abortion-counseling-materials. live.
  6. Web site: State Abortion Counseling Policies and the Fundamental Principles of Informed Consent. 2007-11-12. Guttmacher Institute. May 22, 2019. 2019-04-01. https://web.archive.org/web/20190401083236/https://www.guttmacher.org/gpr/2007/11/state-abortion-counseling-policies-and-fundamental-principles-informed-consent. live.
  7. https://jme.bmj.com/content/46/1/3
  8. News: Okla. Strikes Down Law That Would Have 'Undressed' Women. Donaldson James. Susan. February 19, 2010. ABC News. October 8, 2013. June 24, 2013. https://web.archive.org/web/20130624223721/http://abcnews.go.com/Health/MindMoodNews/oklahoma-abortion-law-declared-unconstitutional-single-subject-rule/story?id=9891050. live.
  9. News: Oklahoma abortion law to force women to list personal details online. October 19, 2009. Daily Telegraph. October 8, 2013. December 31, 2013. https://web.archive.org/web/20131231072759/http://www.telegraph.co.uk/news/worldnews/northamerica/usa/6370300/Oklahoma-abortion-law-to-force-women-to-list-personal-details-online.html. live.
  10. News: Oklahoma governor signs fetal heartbeat bill. April 28, 2012. NewsOK.com. March 4, 2019. May 24, 2024. https://web.archive.org/web/20240524083635/https://www.oklahoman.com/story/news/politics/state/2012/04/28/oklahoma-governor-signs-fetal-heartbeat-bill/61077469007/. live.
  11. Web site: TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price. 2013-06-27. Guttmacher Institute. May 27, 2019. 2019-05-27. https://web.archive.org/web/20190527075201/https://www.guttmacher.org/gpr/2013/06/trap-laws-gain-political-traction-while-abortion-clinics-and-women-they-serve-pay-price. live.
  12. Web site: Eilperin . Juliet . Supreme Court lets stand an Oklahoma ruling that a state abortion law is unconstitutional . Washington Post . 2013-11-12 . 2024-07-15.
  13. News: Oklahoma lawmakers approve bill to revoke licenses of abortion doctors. 2016-04-29. Reuters. 2016-05-19. 2016-04-27. https://web.archive.org/web/20160427125632/http://www.reuters.com/article/us-oklahoma-abortion-idUSKCN0XJ29I. live.
  14. News: 'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It. Tavernise. Sabrina. 2019-05-15. The New York Times. May 24, 2019. 0362-4331. 2019-05-24. https://web.archive.org/web/20190524064213/https://www.nytimes.com/2019/05/15/us/abortion-laws-2019.html. live.
  15. News: Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year. Lai. K. K. Rebecca. 2019-05-15. The New York Times. May 24, 2019. 0362-4331. 2023-01-15. https://web.archive.org/web/20230115135345/https://www.nytimes.com/interactive/2019/us/abortion-laws-states.html. live.
  16. Web site: Gov. Fallin vetoes bill that would make performing an abortion a felony. 2016-05-20. KFOR.com. 2016-05-20. 2016-05-21. https://web.archive.org/web/20160521145215/http://kfor.com/2016/05/20/gov-fallin-vetoes-bill-that-would-make-performing-an-abortion-a-felony/. live.
  17. News: Oklahoma judge blocks state order restricting abortion during coronavirus outbreak . Caroline . Kelly . April 6, 2020 . CNN . April 7, 2020 . April 21, 2020 . https://web.archive.org/web/20200421081944/https://www.cnn.com/2020/04/06/politics/oklahoma-abortion-block-coronavirus/index.html . live .
  18. Web site: Oklahoma GOP governor signs one of nation's strictest abortion bills into law . Karen . Smith . Veronica . Stracqualursi . May 25, 2022 . May 25, 2022 . . May 26, 2022 . https://web.archive.org/web/20220526011021/https://www.cnn.com/2022/05/25/politics/oklahoma-abortion-ban-hb-4327-signed-governor-stitt/index.html . live .
  19. Web site: Oklahoma governor signs the nation's strictest abortion ban. Jessie. DiMartino. May 25, 2022. May 25, 2022. abcnews.go.com. May 25, 2022. https://web.archive.org/web/20220525234959/https://abcnews.go.com/Health/wireStory/oklahoma-governor-signs-nations-strictest-abortion-ban-84982729. live.
  20. Web site: Oklahoma Governor Signs Bill That Bans Most Abortions . Luke . Vander Ploeg . May 25, 2022 . May 25, 2022 . . May 26, 2022 . https://web.archive.org/web/20220526002657/https://www.nytimes.com/2022/05/25/us/oklahoma-abortion-ban-law-governor.html . live .
  21. Web site: December 10, 2021 . Whole Woman's Health v. Jackson, No. 21-463 . December 26, 2021 . supremecourt.gov . December 20, 2021 . https://web.archive.org/web/20211220024211/https://www.supremecourt.gov/opinions/21pdf/21-463_3ebh.pdf . live .
  22. News: Borter . Gabriella . 2022-05-20 . Oklahoma lawmakers pass near-total abortion ban . en . Reuters . 2022-06-05.
  23. News: Howe . Amy . Supreme Court overturns constitutional right to abortion . . June 24, 2022 . June 24, 2022 . June 24, 2022 . https://web.archive.org/web/20220624142633/https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ . live .
  24. News: Chen . Shawna . Oklahoma Supreme Court: State constitution grants "limited right" to abortion . 22 March 2023 . Axios . March 21, 2023 . 21 March 2023 . https://web.archive.org/web/20230321223640/https://www.axios.com/2023/03/21/abortion-oklahoma-health-care . live .
  25. News: Sweeney . Catherine . Oklahoma Supreme Court clarifies medical exemptions in the state's abortion ban . 22 March 2023 . . March 21, 2023 . 2023-03-22 . https://web.archive.org/web/20230322030033/https://www.kosu.org/local-news/2023-03-21/oklahoma-supreme-court-clarifies-medical-exemptions-in-the-states-abortion-ban . live .
  26. News: Hober . Barbara . Oklahoma Supreme Court rules two abortion ban laws unconstitutional . 1 June 2023 . . June 1, 2023 . 31 May 2023 . https://web.archive.org/web/20230531225225/https://tulsaworld.com/news/state-regional/government-politics/oklahoma-supreme-court-rules-two-abortion-ban-laws-unconstitutional/article_a567015a-ffc1-11ed-a102-a338ccec55cb.html#tracking-source=mp-homepage . live .
  27. Web site: El-Bawab. Nadine. Women, doctors announce legal action against abortion bans in 3 states. ABC News. September 12, 2023. September 12, 2023. October 1, 2023. https://web.archive.org/web/20231001193155/https://abcnews.go.com/US/women-doctors-announce-legal-action-abortion-bans-3/story?id=103055654&fbclid=IwAR2nucM0eXmPKcjZUQzA2jr6gMS3xA7oNi1d_YAl9h422I6wUEOL5yA59qI. live.
  28. Book: A State-By-State Review of Abortion and Reproductive Rights. Arndorfer. Elizabeth. Michael. Jodi. Moskowitz. Laura. Grant. Juli A.. Siebel. Liza. December 1998. Diane Publishing. 9780788174810.
  29. Web site: The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state. Gould. Rebecca Harrington, Skye. Business Insider. May 23, 2019. May 23, 2019. https://web.archive.org/web/20190523193309/https://www.businessinsider.com/how-many-abortion-clinics-are-in-america-each-state-2017-2. live.
  30. Web site: This is what could happen if Roe v. Wade fell. Panetta, Grace . lee, Samantha. 2018-08-04. Business Insider. es. May 24, 2019. 2019-05-24. https://web.archive.org/web/20190524083342/https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8. dead.
  31. Web site: Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics. Pew Research Center. May 23, 2019. January 3, 2020. https://web.archive.org/web/20200103045246/https://www.pewforum.org/religious-landscape-study/. live.
  32. News: Here's Where Women Have Less Access to Planned Parenthood. May 23, 2019. May 23, 2019. https://web.archive.org/web/20190523171305/https://www.bloomberg.com/graphics/2017-planned-parenthood-locations-states/. live.
  33. Web site: Oklahoma's first new abortion clinic in 40 years opens doors. Associated Press. 16 September 2016. 1 August 2019. 1 August 2019. https://web.archive.org/web/20190801184406/https://apnews.com/b10cb8844abb4486ae2eb7f7b8d66224. live.
  34. Web site: Clinics Overview. 2019-08-01. 2019-08-01. https://web.archive.org/web/20190801184408/https://trustwomen.org/clinics/clinics-overview. live.
  35. Web site: Oklahoma governor signs into law strictest abortion ban in the U.S. . Gabriella . Porter . May 25, 2022 . May 26, 2022 . . May 26, 2022 . https://web.archive.org/web/20220526011814/https://www.reuters.com/world/us/oklahoma-governor-signs-strictest-abortion-ban-us-into-law-2022-05-26/ . live .
  36. Web site: Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation. Bacon. John. USA Today. May 25, 2019. May 22, 2019. https://web.archive.org/web/20190522152826/https://www.usatoday.com/story/news/nation/2019/05/21/abortion-laws-stopthebans-rallies-set-across-nation-today/3750913002/. live.
  37. Web site: Money . Jack . Abortion rights supporters rally Saturday at Oklahoma Capitol . 2022-06-27 . The Oklahoman . en-US . 2022-05-20 . https://web.archive.org/web/20220520200008/https://www.oklahoman.com/story/news/2022/05/15/oklahoma-abortion-rights-activists-protest-with-roe-v-wade-looming/9765395002/ . live .
  38. Web site: Arata . Katie . 2022-05-14 . Hundreds rally at Oklahoma State Capitol in support of abortion rights . 2022-06-27 . KOKH . en . 2022-06-19 . https://web.archive.org/web/20220619060232/https://okcfox.com/news/local/hundreds-rally-at-state-capitol-in-support-of-abortion-rights-roe-v-wade-supreme-court-leaked-pro-choice-protest-bans-off-our-bodies-national-women- . live .
  39. Web site: 2022-06-24 . Protests scheduled in Oklahoma City, Norman after Roe v. Wade abortion law overturned . 2022-06-27 . KFOR.com Oklahoma City . en-US . 2022-06-27 . https://web.archive.org/web/20220627090208/https://kfor.com/news/local/protests-scheduled-in-oklahoma-city-norman-after-roe-v-wade-abortion-law-overturned/ . live .
  40. Web site: 2022-06-26 . People in Oklahoma react to decision to overturn Roe v. Wade . 2022-06-27 . KOCO . en . 2022-06-26 . https://web.archive.org/web/20220626235117/https://www.koco.com/article/oklahoma-roe-wade-abortion-protest/40426481 . live .
  41. Web site: 2022-06-25 . Norman protesters want answers on how abortion laws will be enforced . 2022-06-27 . KFOR.com Oklahoma City . en-US . 2022-06-27 . https://web.archive.org/web/20220627012641/https://kfor.com/news/local/norman-protesters-want-answers-on-how-abortion-laws-will-be-enforced/ . live .
  42. Web site: World . Jacob Factor Tulsa . Tulsans protest overturning of Roe v. Wade, plan to work to restore reproductive rights . 2022-06-27 . Tulsa World . en . 2022-06-26 . https://web.archive.org/web/20220626205115/https://tulsaworld.com/news/local/tulsans-protest-overturning-of-roe-v-wade-plan-to-work-to-restore-reproductive-rights/article_9911d6dc-f3d3-11ec-80e5-ab2639cb975c.html . live .
  43. Web site: 2022-06-27 . Multiple pro-abortion protests taking place across Oklahoma City Sunday . 2022-06-27 . KFOR.com Oklahoma City . en-US . 2022-06-27 . https://web.archive.org/web/20220627090514/https://kfor.com/news/multiple-pro-abortion-protests-taking-place-across-oklahoma-city-sunday/ . live .
  44. Web site: Wolfe . Jazz . Pratt . Megan . Hundreds gather outside state Capitol to protest overturning of Roe v. Wade . OU Daily . December 10, 2022 . June 26, 2022 . December 10, 2022 . https://web.archive.org/web/20221210171043/https://www.oudaily.com/news/hundreds-gather-outside-state-capitol-to-protest-overturning-of-roe-v-wade/article_eb690e32-f5c7-11ec-9056-7344f31af5ba.html#1 . live .
  45. Web site: Factor . Jacob . Abortion-rights protesters march in downtown Tulsa . Tulsa World . December 10, 2022 . July 1, 2022 . December 10, 2022 . https://web.archive.org/web/20221210171035/https://tulsaworld.com/news/local/watch-now-abortion-rights-protesters-march-in-downtown-tulsa/article_5db6b1c6-f88c-11ec-a75d-c3a9c61b0faa.html . live .
  46. Web site: Jackson . Tesina . 'My body, my choice': More than 100 in heart of Cherokee Nation capital protest overturn of Roe . Woodward News . December 10, 2022 . July 14, 2022 . December 10, 2022 . https://web.archive.org/web/20221210171035/https://www.woodwardnews.net/oklahoma/my-body-my-choice-more-than-100-in-heart-of-cherokee-nation-capital-protest-overturn/article_6ab3b7d5-107c-59b8-ace8-f065d45fedf8.html . live .
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