Parts of this article (those related to Abortion in Oklahoma post-Oklahoma Call for Reproductive Justice v. Drummond (2023)) need to be updated.(March 2023) |
Abortion in Oklahoma is illegal [1] [2] unless the abortion is necessary to save the life of a pregnant individual.
Oklahoma banned abortion in 1910 [3] 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 May 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 pregnant individual's life.
The 2023 American Values Atlas reported that, in their most recent survey, 56% of Oklahomans said that abortion should be legal in all or most cases. [4]
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Oklahoma passed a law in 1910 that made "anyone who caused a woman to miscarry her baby guilty of a felony." [5]
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. [6]
The state passed a law in the 2000s banning abortions after 22 weeks because legislators alleged that a fetus could feel pain. [7]
The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. [8] The law required that materials be created by the Oklahoma State Department of Health. [9] 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, TheJournal of the American Medical Association has concluded that pain sensors do not develop in the fetus until 23–30 weeks. [10] 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. [11]
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. [12] 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. [13] Todd Lamb, who sponsored the law as a state senator, called it "essential in protecting the sanctity of life" and "pro-life". [12] 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. [14]
In 2013, the Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions in addition to abortion clinics. [15] 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. [16]
In 2016, Oklahoma state legislators passed a bill to criminalize abortion for providers, potentially charging them with up to three years in prison. [17] [18] [19] 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. [20] [18] [19] The state legislature was one of four states nationwide that tried, and failed, to pass a "fetal heartbeat" bill in 2016. [19]
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. [19] They were also one of eight states trying to pass a "fetal heartbeat" bill that year. [19] 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. [19] In mid-May 2019, state law banned abortion after week 22. [18]
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 individual. 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. [21]
In 2021, Greg Treat and Jon Echols authored a trigger law, SB 918 [1] to repeal sections of Oklahoma statutes relating to abortion, upon reversal of Roe v Wade. SB 918 re-activates the 1910 statute 21-861, criminalizing the procuring of an abortion except for medical necessity. It was signed into law on April 27, 2021. Nathan Dahm and Jim Olsen authored SB 612 [2] to criminalize all abortions, with the only exception being for medical emergency. It was signed into law on April 12, 2022.
Oklahoma's abortion ban took effect on May 25, 2022, when Governor Kevin Stitt signed HB 4327 [22] into law, and abortion providers ceased offering services in Oklahoma as of that date. [23] [24] 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. [25] [26] Oklahoma was the first state to successfully ban abortion from the moment of fertilization post- Roe v. Wade . [27] The Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization No. 19-1392 , 597 U.S. ___(2022) in June 2022. [28]
In the year following the overturn of Roe v. Wade in 2022, 210 pregnant women in a dozen states were criminally charged for conduct associated with their pregnancy, pregnancy loss or birth. Six states — Alabama, Mississippi, Ohio, Oklahoma, South Carolina and Texas — accounted for most cases. [29]
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. [30] [31] The Court declined to comment on the constitutionality of bans on elective abortions. [31] 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 pregnant individual and rapes that had been reported to police. [32]
On September 12, 2023, a woman filed an administrative complaint with the U.S. Department of Health and Human Services against hospitals in Oklahoma, stating that two different Oklahoma hospitals denied her an abortion despite having dangerous pregnancy complications. [33]
Between 1982 and 1992, the number of abortion clinics in the state decreased by seven, going from eighteen in 1982 to eleven in 1992. [34] In the period between 1992 and 1996, the state saw no change in the total number of abortion clinics. [35] 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. [36] 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. [37] In 2014, 51% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [38] 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. [39]
The first new clinic to provide abortion care opened in Oklahoma City in 2016, Trust Women Oklahoma City. [40] [41] As of 2022, there are no abortion providers offering services in Oklahoma as a result of HB 4327. [42]
Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [43] Many Oklahoman's who were supportive of abortion started protesting following restrictions on the procedure that were signed into law in May 2022. [44] [45] 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. [46] [47] [48] [49] [50]
Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters rallied and marched in Oklahoma City, [51] Tulsa, [52] Talequah, [53] and Bartlesville. [54]
In the period between 1972 and 1974, there was one illegal abortion death in Oklahoma. [55] 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. [55] In 1990, 328,000 women in the state faced the risk of an unintended pregnancy. [34] In 2010, the state had no publicly funded abortions. [56] 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. [57] In 2017, the state had an infant mortality rate of 7.7 deaths per 1,000 live births. [58]
Census division and state | Number | Rate | % change 1992–1996 | ||||
---|---|---|---|---|---|---|---|
1992 | 1995 | 1996 | 1992 | 1995 | 1996 | ||
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 | Residence | Occurrence | % obtained by out-of-state residents | Year | Ref | ||||
---|---|---|---|---|---|---|---|---|---|
No. | Rate^ | Ratio^^ | No. | Rate^ | Ratio^^ | ||||
Oklahoma | 4,808 | 6.3 | 90 | 4,916 | 6.4 | 92 | 8.7 | 2014 | [59] |
Oklahoma | 4,813 | 6.3 | 91 | 4,709 | 6.1 | 89 | 8 | 2015 | [60] |
Oklahoma | 4,409 | 5.7 | 84 | 4,294 | 5.6 | 82 | 8.0 | 2016 | [61] |
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births |
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.
A six-week abortion ban, also called a "fetal heartbeat bill" by proponents, is a law in the United States which makes abortion illegal as early as six weeks gestational age, which is when proponents claim that a "fetal heartbeat" can be detected. Medical and reproductive health experts, including the American Medical Association and the American College of Obstetricians and Gynecologists, say that the reference to a fetal heartbeat is medically inaccurate and misleading, for a conceptus is not called a fetus until eight weeks after fertilization, as well as that at four weeks after fertilization, the embryo has no heart, only a group of cells which will become a heart. Medical professionals advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the chambers of the heart have become sufficiently developed.
Abortion in Alabama is illegal. Historically, Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the landmark 1973 Supreme Court decision in Roe v. Wade, which legalized abortion nationwide. However, Alabama has consistently enacted legislation aimed at restricting access to abortion.
Abortion in Georgia is illegal after detection of embryonic cardiac-cell activity, which typically begins in the fifth or sixth week after the onset of the last menstrual period (LMP), two to three weeks after implantation. Although this law was ruled unconstitutional by a Georgia superior court judge on September 30, 2024, it remains in effect while the state appeals the ruling.
Abortion in Missouri is nominally legal up to the point of fetal viability as a result of 2024 Missouri Amendment 3 taking effect on December 6, 2024, 30 days after the November 5, 2024 general election. Although it is legal, legal challenges to allow access are ongoing.
Abortion in Arkansas is illegal except when it is necessary to save the life of the pregnant individual. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.
Abortion in Delaware is legal up to the point of fetal viability. As of June 2024, Civiqs polling found that 72% of Delawareans believed that abortion should be legal in all or most cases, while 23% believed it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.
Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks post-fertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed. In July 2024, the Kansas Supreme Court struck down two abortion restrictions.
Abortion is illegal in Kentucky, except to save a pregnant woman’s life or to prevent disabling injury.
Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal, with 33% stating that it should be illegal in all or most cases.
Abortion in Minnesota is legal at all stages of pregnancy and is restricted only to standards of good medical practice. The Minnesota Supreme Court ruled the Minnesota Constitution conferred a right to an abortion in 1995 and the DFL-led Minnesota Legislature passed and Minnesota Governor Tim Walz signed into law a bill in 2023 to recognize a right to reproductive freedom and preventing local units of government from limiting that right. The Center for Reproductive Rights labels Minnesota as one of the most abortion-protective states in the country.
Abortion in Mississippi is illegal. The new law took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch certified on June 27, the Supreme Court decision on Dobbs v. Jackson Women's Health Organization on June 24 of that year. State Attorney General Lynn Fitch's certification made Mississippi's 2007 'trigger law' go into effect and ban all abortions in the state, “except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape".
Abortion in North Dakota is technically legal, but with no current providers. The state's sole abortion clinic, the Red River Women's Clinic, relocated to Minnesota.
Abortion in Ohio is legal up to the point of fetal viability as a result of abortion rights being placed into the Ohio State Constitution by November 2023 Ohio Issue 1.
Abortion in South Carolina is illegal after detection of a "fetal heartbeat", usually around 6 weeks from the woman's last menstrual period, when many women are not yet aware that they are pregnant. On May 25, 2023, Governor Henry McMaster signed a 6-week ban, and it took effect immediately. The ban was blocked in court the next day but was reinstated by the South Carolina Supreme Court on August 23.
Abortion in Tennessee is illegal from fertilization except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman". Tennessee is one of four states which prohibit abortion in their state constitution; alongside Alabama, Louisiana, and West Virginia.
Abortion in Wisconsin has been legal since September 18, 2023, before which its legal status had been unclear since the overturn of Roe v Wade, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.
Abortion in Iowa is illegal after detection of embryonic cardiac-cell activity. Embryonic cardiac-cell activity can be detected from around six weeks after the pregnant individual's last menstrual period, when many people are not yet aware that they are pregnant. Exceptions for the abortion ban after detected embryonic cardiac-cell activity include some instances of rape, incest, fetal abnormalities and threats to the pregnant individual's life.
Abortion in Wyoming is legal up to fetal viability. A temporary court injunction was filed against an attempted near total abortion ban in 2023, and a Wyoming judge struck down the abortion ban in 2024.
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