Three anti-abortion bills are progressing in the Oklahoma Legislature. What to know about them

Yahoo

02-03-2025

Medical providers are barred from providing abortions in Oklahoma unless it's necessary to protect the mother's life, but still, several bills targeting the procedure were introduced in the state Legislature this year with some making progress.
A reproductive rights advocate called the continued fight against abortion a larger effort to control the bodies of Oklahomans, adding that the proposed laws will deter medical providers from the state, impacting everyone who lives in it.
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So far, just four bills targeting abortion have been heard in committee, though a hearing doesn't guarantee a bill will pass through the Legislature. One of the four bills failed in committee while the three are still progressing.
The House Public Health Committee and the House Health and Human Services Committee approved a bill from Rep. Jim Olsen, R-Roland, this month that would classify abortion as a felony for providers and grant protections for fetuses. If it passes the Legislature, the bill would revive Senate Bill 612, which was signed into law in 2022 before being struck down by the Oklahoma Supreme Court in 2023.
Under SB 612, abortion was classified as a felony for medical providers who perform the procedure with a potential of 10 years in prison or fines of up to $100,000. The law only allowed abortions in cases where they're necessary to save the life of the mother in a "medical emergency."
In 2023, the state Supreme Court ruled SB 612 was unconstitutional. The court decided that the Oklahoma Constitution already "protects the right of a woman to terminate her pregnancy in order to preserve her life."
Olsen told The Oklahoman in December that he rewrote SB 612's language to match the Oklahoma Supreme Court's preferences. HB 1008 nixes the definition of "medical emergency" in SB 612 and prohibits providers from performing an abortion "unless necessary to preserve the life of a pregnant woman."
But it's legislation like this that affects the retention and attraction of medical providers to the state, said Tamya Cox-Touré, the executive director of the ACLU of Oklahoma. She said doctors are leaving because they're not able to provide their best judgment care due to legal restrictions.
"Because of ideological views, Oklahomans suffer from not having the best medical providers in our state because they're refusing to come to our state or they're leaving because of laws like these," Cox-Touré said.
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The bill also requires that the medical provider performing an abortion must prioritize "preserving both the life of the pregnant woman and the life of the baby" unless it's determined that the birth of the fetus is a threat to the life of the mother.
Olsen said the intent behind including the preservation of the fetus is to "recognize the humanity of the baby."
During the House Public Health Committee meeting on Monday, Rep. Ellen Pogemiller, D-Oklahoma City, asked Olsen if under HB 1008, it could be confusing for doctors to determine if the pregnant woman's health is more at harm compared to the fetus' health.
"I am confident that medical personnel have greater capabilities and qualifications to do that so they can make these determinations," Olsen answered.
He said he's in favor of maternal health, adding that he also wants consideration for the life of the fetus.
"This is an equal rights issue," Olsen said. "We want to consider the life of the mother. We want to consider that the baby has a right to life."
HB 1008 is now eligible to be heard on the House floor.
Early this month, HB 1168 passed the House Criminal Judiciary Committee 4-1 and could impose drug trafficking charges on someone who possesses or delivers an abortion-inducing drug to another person intending to terminate their pregnancy.
If passed, a person convicted of trafficking abortion-inducing drugs shall be guilty of a felony punishable by up to 10 years in prison, a fine of up to $100,000 or both.
The bill, authored by Rep. Denise Crosswhite Hader, R-Piedmont, provides exceptions for lawful pharmacists, manufacturers and distributors. HB 1168 was referred to the House Judiciary and Public Safety Oversight Committee.
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The author also introduced HB 1169, which would repeal sections in the Oklahoma Statutes related to abortion pills and nix language recognizing mifepristone as an FDA-approved drug for terminating pregnancies. The bill passed the Public Health House Committee.
HB 1169 was referred to the House Health and Human Services Oversight Committee.
Despite laws in states like Oklahoma that ban medical abortions, the right to receive abortion pills by mail remains legal in all states through services like Plan C. Plan C is a national information campaign that showcases avenues to obtaining abortion pills for people across the country.
"With House Bill 1168, we don't know what the true impact is because one, it shouldn't be and it is not illegal for Oklahomans to get an abortion," Cox-Touré said. "They obviously aren't able to get it here in Oklahoma, but it's not illegal for Oklahomans to get an abortion."
One anti-abortion bill was granted a hearing in the Criminal Judiciary Senate Committee earlier this month, but was shot down by legislators from both political parties.
Authored by Sen. Dusty Deevers, R-Elgin, SB 456 would've allowed Oklahomans who obtain an abortion to be charged with first-degree murder.
"We have a protected class of murderer in our state," Deevers said during the hearing.
Cox-Touré said Oklahomans don't want to see people obtaining abortions charged with murder regardless of how they feel about the procedure.
"(Oklahomans) truly believe in the idea that the government should stay out of health care decision, and to go as far as making a very private health care decision to now be charged with first-degree, I think it's too extreme for anyone," she said.
The bill failed 6-2 in committee with bipartisan disapproval. Sen. Todd Gollihare, R-Kellyville, told Deevers in the meeting that his bill wouldn't reduce the number of abortions, and instead, would expose women to capital punishment.
Several other anti-abortion bills have yet to see a hearing in committee, including two from Sen. David Bullard, R-Durant: SB 883 and 884, one from Rep. Molly Jenkins, R-Coyle: HB 1724, and another from Sen. Julie Daniels, R-Bartlesville: SB 989.
"We continue to see anti-abortion bills because we have legislators that are so focused more on ideological issues as opposed to real world problems that Oklahomans are facing," Cox-Touré said. "Even though abortion is effectively banned in our state, it is important to know that our state Supreme Court has said there is a right to an abortion in limited circumstances."
This article originally appeared on Oklahoman: These anti-abortion bills are progressing in the Oklahoma Legislature