When he signed Senate Bill 612 Tuesday, Oklahoma Gov. Kevin Stitt restricted abortions in the state so severely that they can now be performed only “to save the life of a pregnant woman in a medical emergency.”
In the new legislation, medical emergencies are defined as conditions “which cannot be remedied by delivery of the child in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered,” which in some cases include pregnancy itself.
Those who are found guilty of violating the law – for performing or attempting to perform outside of the specified conditions – could be convicted of a felony. Punishment could include a fine up to $100,000 and prison terms up to 10 years.
The new law does not authorize charging or conviction of a woman with any criminal offense in the death of her own unborn child. Additionally, it does not prohibit the sale, use, prescription or administration of contraceptive measures per manufacturer guidelines before “pregnancy could be determined through conventional medical testing.”
Licensed physicians who provide medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child can claim an affirmative defense. There are no exceptions, however, for rape and incest.
This legislation was first introduced in the Oklahoma Senate last year and is sponsored by Republican State Sen. Nathan Dahm. In the House of Representatives, 70 lawmakers voted in favor of it and 14 voted against it. In the Senate, 39 voted in favor and nine voted against it.
There is a Republican majority for both of the state’s chambers of Congress and Stitt is also a Republican.
“We want Oklahoma to be the most pro-life state in the country,” Stitt said.
The bill takes effect 90 days after the state legislature adjourns next month, according to CBS News. It is “part of an aggressive push in Republican-led states across the country to scale back abortion rights,” said the outlet.
Last year, Texas Gov. Greg Abbott signed the “Texas Heartbeat Act” into law.
According to the American College of Physicians, it was “the most restrictive abortion law in the U.S.,” and it prohibits abortions after the presence of a fetal heartbeat is detected – as early as six weeks after a woman becomes pregnant – and only makes exceptions for medical emergencies. It also allows any private citizen to sue Texas abortion “providers” who violate the law, as well as anyone who “aids or abets” a woman getting the procedure.
As in the Oklahoma law, abortion patients themselves cannot be sued.
In September, the U.S. Supreme Court (5-4) declined an emergency petition to block the Texas Heartbeat Act.
Other legislation has passed in Mississippi and 22 states could potentially restrict abortion access, depending on future action by the Supreme Court, which currently has a conservative majority.
Abortion rights advocates say the Oklahoma bill could face legal challenges.
Already, White House Press Secretary Jen Psaki has condemned the bill, saying “this unconstitutional attack on women’s rights is just the latest and one of the most extreme state laws signed into law to date.” She said President Joe Biden and the administration “will continue to stand with women in Oklahoma and across the country in the fight to defend their freedom to make their own choices about their futures.”
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