Stitt signs bill to make abortion a state felony
Medical providers who perform abortions face prison, fines
Oklahoma is poised to outlaw most abortions in August after Gov. Kevin Stitt signed a bill Tuesday to classify performing the procedure as a felony.
In a signing ceremony, Stitt approved Senate Bill 612 that will punish medical providers who perform abortions with up to 10 years in prison or fines of up to $100,000.
A reproductive rights group already plans to sue the state over the new law.
Stitt said he was keeping his pledge to sign all anti-abortion bills that advance to his desk.
“We want Oklahoma to be the most pro-life state in the country,” he said. “We want to outlaw abortion.”
White House Press Secretary Jen Psaki said in a statement that Oklahoma’s “unconstitutional attack on women’s rights” is one of the most “extreme” state laws signed to date,
“Make no mistake: the actions today in Oklahoma are a part of disturbing national trend attacking women’s rights,” she said. “The Biden Administration will continue to stand with women in Oklahoma and across the country in the fight to defend their freedom to make their own choices about their futures.”
As he signed the bill, Stitt sat behind a desk with a sign proclaiming “Life is a human right.” He was flanked by GOP state lawmakers, Attorney General John O’Connor, faith leaders and representatives from anti-abortion groups.
Stitt and others in attendance wore red roses as a symbol of the sanctity of human life.
The only exception in SB 612 would be for abortions deemed necessary to save the life of a pregnant woman in a medical emergency. There is no exception for women who get pregnant through rape or incest.
The law does not punish women who get an abortion.
Abortion rights groups plan to sue
Abortion providers and critics of SB 612 have said the measure is unconstitutional. They say Oklahoma could have some of the most restrictive anti-abortion laws in the nation if the measure takes effect.
Nancy Northup, president and CEO of the Center for Reproductive Rights, said the group will file a lawsuit challenging the new law.
“Oklahoma’s total abortion ban is blatantly unconstitutional and will wreak havoc on the lives of people seeking abortion care within and outside the state,” she said in a statement. “With the Texas six-week ban in place, many people are traveling to Oklahoma to get care.
“We’ve sued the state of Oklahoma 10 times in the last decade to protect abortion access and we will challenge this law as well to stop this travesty from ever taking effect.”
Stitt said he expected a legal challenge from “liberal activists from the coasts.”
O’Connor said he looks forward to defending SB 612 in court.
Whether the law stands could hinge on what the U.S. Supreme Court decides in a case challenging a 15-week abortion ban in Mississippi. A decision is expected as soon as June.
O’Connor said he is “cautiously optimistic” the high court will overturn or cripple longstanding abortion protections and give states the authority to regulate the procedure.
At least seven other anti-abortion bills, including several other near-total abortion bans, are advancing this year through the GOP-dominated Oklahoma Legislature.
Sen. Nathan Dahm, the author of SB 612, praised Stitt for signing the bill.
“We should be about protecting life,” said the Republican from Broken Arrow. “What we are saying here today is the intentional taking of an innocent life has consequences. It is criminal.”
Vice President Kamala Harris, a Democrat, last week called the bill “shameful,” and said the measure would prevent women from getting necessary health care.
Slated to become law 90 days after the end of the current legislative session, SB 612 will likely take effect in late August.
Oklahoma state law already says abortion is illegal, and anyone who performs the procedure could face a felony, punishable by up to five years in prison. The law has been on the books for decades, but hasn’t been enforced since the U.S. Supreme Court determined women have a constitutional right to seek an abortion.
Oklahoma lawmakers push other near-total abortion bans
Several other GOP-backed bills that would effectively prohibit most abortions have cleared most legislative hurdles and are getting closer to reaching Stitt’s desk.
Two bills closely copy a restrictive anti-abortion law implemented in Texas. One of the measures goes a step further than the six-week abortion ban implemented in Texas because it starts at conception, rather than when a “fetal heartbeat” is detected.
House Bill 4327 would block nearly all abortions by allowing private citizens to sue anyone who “aids or abets” a woman who pursues the procedure. The legislation allows exceptions only for when an abortion is necessary to save a woman’s life or those who seek the procedure following rape or incest, so long as the incident was reported to law enforcement.
Senate Bill 1503 also is similar to the Texas law because it would eliminate most abortions after a “fetal heartbeat” is detected, which typically occurs around six weeks into a pregnancy. This bill also would allow for civil enforcement of the law.
If signed into law, HB 4327 and SB 1503 would take effect immediately. Noting Texas’ Senate Bill 8 has faced legal challenges and is still in effect, proponents say the Oklahoma bills are likely to withstand any court challenges.
Conservative lawmakers have been emboldened by Texas’ SB 8, said Myfy Jensen-Fellows, advocacy director of Trust Women, which operates an abortion clinic in Oklahoma City.
“Not a single one of these bills will end abortions in Oklahoma,” JensenFellows said. “They will push people further to the margins, force people to carry pregnancies that are dangerous to their own health, or take greater risks to find abortion care wherever they can.”
“We should be about protecting life. What we are saying here today is the intentional taking of an innocent life has consequences. It is criminal.” Sen. Nathan Dahm Author of SB 612