OKLAHOMA CITY – The Oklahoma Supreme Court ruled Wednesday that two state laws banning abortion are unconstitutional, but the procedure remains illegal in the state in almost all cases except in situations that threaten the life
In a 6-3 ruling, the high court said both bans are unconstitutional because they require a “medical emergency” before a doctor can perform an abortion. The court said this language conflicts with a previous ruling he issued in March, which determined that the Oklahoma Constitution provides an “inherent right of a pregnant woman to terminate her pregnancy when necessary to preserve her life.”
The court’s decision was welcomed by doctors who said uncertainty over state abortion laws often forced them to make women facing serious medical complications and non-viable pregnancies wait for their condition worsens before an abortion can be performed.
“In our practice we had cases where we just had to tell women who we would normally offer a termination (of pregnancy) to protect their health… ‘We have to let you go home and monitor your state and if it starts showing signs’ of infection or worsening blood pressure, then come back and we’ll have the ability to legally treat you,” said Dana Stone, an OB/GYN in Oklahoma City. “Otherwise, we are at risk under these laws of going to prison for 10 years, having hundreds of thousands of dollars in fines and losing our medical licenses.”
Despite the March court ruling that the requirement to wait until an active medical emergency violated the state constitution, there was uncertainty because of the two laws that remained in place.
“With its decision today, the court has ensured that the March decision is fully implemented,” said Rabia Muqaddam, a senior staff attorney at the New York Center for Reproductive Rights, which challenged the laws on behalf of a Tulsa abortion provider. . “Hopefully patients will get the necessary medical care they need without waiting until they are at death’s door.”
The laws repealed Wednesday both included a civil enforcement mechanism that allowed citizens to sue someone who performed or helped someone perform an abortion.
“Despite today’s court decisions on SB 1603 and HB 4327, Oklahoma’s 1910 law banning abortion remains in effect,” Oklahoma Attorney General Gentner Drummond said in a statement. of Oklahoma.”
of Oklahoma law of 1910 makes it a felony punishable by up to five years in prison for anyone who performs an abortion or assists a woman to have an abortion unless it is “necessary to preserve her life.”
The court’s decision was denounced by Republican leaders and Gov. Kevin Stitt, who have worked for years to restrict access to abortion in Oklahoma.
“This court has once again implicated itself in the state’s democratic process and interceded to undo legislation created by the will of the people,” Stitt said in a statement. “I agree with Justice (Dustin) Rowe’s dissent, “The issues presented in this matter are political questions, best resolved by the people through our democratic process.”
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