Oklahoma Lawmakers Pass Bill That Bans Almost All Abortions—And Makes Performing One A Felony

Topline

The Oklahoma House passed a bill Tuesday that would outlaw nearly all abortions in the state and make performing the procedure a felony punishable by prison time, one of the most extreme state-level abortion bans to pass—and an upcoming Supreme Court ruling could allow the bill to go into effect this summer if it’s signed into law.

Key Facts

Surprising Fact

Oklahoma has emerged as a major abortion access point for people in Texas, after that state banned nearly all abortions after six weeks of pregnancy last year. Planned Parenthood clinics in Oklahoma have seen an 800% increase in patients from Texas in the wake of its abortion ban, the Associated Press reports, and the organization reported Tuesday that nearly half of abortion patients in Oklahoma are from Texas. That means an abortion ban in Oklahoma will also force Texans to travel further to access the procedure.

What We Don’t Know

Whether the Oklahoma bill will stand. Extreme abortion bans such as SB 612 have typically been struck down by the courts, given the Supreme Court precedent in Roe v. Wade, which made the procedure legal nationwide. That being said, the Supreme Court is now weighing whether to let states ban abortion in a case challenging Mississippi’s prohibition on the procedure after 15 weeks of pregnancy. Mississippi has asked the court to not only uphold the 15-week ban but overturn Roe v. Wade entirely, which would make SB 612 and other state abortion bans legal under federal law. The court’s conservative justices signaled during oral arguments in the Mississippi case they were likely to side with the state, but it’s still unclear whether they will narrowly uphold the 15-week ban or overturn Roe v. Wade.

What To Watch For

Even more abortion restrictions in Oklahoma. Multiple other bills limiting abortion are still pending in the legislature, The 19th reports, such as an abortion ban that copies the Texas law by being enforced through civil lawsuits brought by private citizens instead of state officials. Lawmakers could still pass that ban even if SB 612 is enacted as a way of insulating themselves from future legal challenges: Texas’ law has been repeatedly upheld in court, so an Oklahoma law copying it may be able to stay in effect even if SB 612 gets struck down.

Chief Critic

Oklahoma lawmakers “are more focused on governing our bodies than addressing real crises, like the economic turmoil caused by the pandemic and rising maternal mortality rates,” Emily Wales, interim president at Planned Parenthood Great Plains Votes, said in a statement Tuesday. “Well, I have a message for every politician trying to limit our freedom and control our futures: Keep your bans off our bodies.”

Key Background

The Oklahoma law is part of a slew of abortion restrictions that have been passed and enacted nationwide. The pro-abortion rights Guttmacher Institute reports more than 100 laws restricting abortions were enacted in 2021, the most ever in a single year since Roe v. Wade was decided in 1973. That trend is continuing this year, particularly as states ramp up restrictions ahead of the Supreme Court’s ruling and as the Texas law has given a blueprint for states to ban abortions in a way that’s harder to challenge in court. The Guttmacher Institute reports 48 abortion restriction bills have passed at least one state legislative chamber so far this year, and nine laws have been enacted.

Further Reading

In a surprise move, Oklahoma approves bill to make abortion illegal (The 19th)

Tracking new action on abortion legislation across the states (Washington Post)

New Oklahoma abortion ban a ‘tipping point’ in the fight against Roe v. Wade (PBS News Hour)