Just 1 abortion ban remains in Okla.
1910 law only allows procedure if necessary to save mother’s life
The Oklahoma Supreme Court’s decision Wednesday to strike down two abortion bans leaves the state with a single law outlawing a person from ending a pregnancy, which abortion rights proponents hope will give doctors and patients more clarity.
What does the remaining law say?
The remaining law dates back to 1910 and punishes a person with two to five years in prison for administering or advising a person to end a pregnancy at any point unless it is “necessary to preserve her life.”
In March, the Oklahoma Supreme Court said the state’s constitution includes the right to end a pregnancy “at any point” if a physician believes that the continuation of a pregnancy would endanger the woman’s life. The court also said a person does not have to be near death to terminate a pregnancy.
“Absolute certainty is not required,” the court added in March. However, it said, “mere possibility or speculation is insufficient.” It struck down a law that prevented an abortion to save a woman’s life unless she was in a “medical emergency.”
Rabia Muqaddam, an attorney with the Center for Reproductive Rights, said the court’s decision to end two abortion bans on Wednesday — leaving the 1910 law as the only ban — should help doctors feel more comfortable in deciding to perform an abortion in order to save a pregnant person’s life.
“The court’s (decision) requires doctors to use their judgment, and we hope the decision will provide comfort to physicians,” Muqaddam told The Oklahoman.
Lawmakers took no action this year on abortion
When the U.S. Supreme Court ended the federal right to abortion last year, Oklahoma’s Republican Legislature and Gov. Kevin Stitt quickly approved multiple abortion bans on top of the state’s more than a century-old law. A law also was passed putting the 1910 ban back into effect.
The multiple bans created confusion for many hospitals and doctors, and some women said they were forced to leave the state to seek an abortion even though their pregnancy threatened their life.
However, lawmakers took no action during this year’s legislative session to clarify or alter its recent bans.
Last year’s bans have now been overturned by the Oklahoma Supreme Court.
Muqaddam and other abortion rights supporters said they plan to continue fighting against the state’s remaining abortion ban. But Wednesday’s ruling struck down two laws that gave residents the power to sue doctors for performing an abortion.
Oklahoma Republican leaders have not said what steps they plan to take in response to Wednesday’s court ruling.