The Oklahoma Supreme Court struck down two of the state’s pro-life laws on Wednesday, ruling that they did not adequately allow abortions in cases where a mother’s life is at risk. Despite the court decision, abortion remains restricted in the state due to a 1910 law.
In its 6-3 ruling, the Court found that SB 1603 and HB 4327, which were both enacted in 2022, were unconstitutional because a March 2023 decision ruled that the constitution provided “an inherent right of a pregnant woman to terminate a pregnancy when necessary to save her life.” Both laws were struck down because they allowed abortions only in cases where the mother was suffering a life-threatening “medical emergency,” which the court said was too strict. Instead, it ruled, doctors should have the authority to determine if an abortion is medically necessary before the mother’s life is in danger.
“We read this section of law to require a woman to be in actual and present danger in order for her to obtain a medically necessary abortion,” the majority opinion said in March about the “medical emergency” requirement, according to The Hill.
“We know of no other law that requires one to wait until there is an actual medical emergency in order to receive treatment when the harmful condition is known or probable to occur in the future,” the court continued.
Though many people argue that abortion should be available in cases where a woman’s life is in danger, a preterm delivery to save the mother’s life is not the same as an induced abortion, which is the direct and intentional ending of a human life.
Oklahoma Governor Kevin Stitt released a statement following the court’s ruling.
“I again wholeheartedly disagree with the Oklahoma Supreme Court’s use of activism to create a right to an abortion in Oklahoma. This court has once more over-involved itself in the state’s democratic process, and has interceded to undo legislation created by the will of the people. I agree with Justice Rowe’s dissent, ‘The issues presented in this matter are political questions, which are better resolved by the people via our democratic process.'”
“As governor, I will continue to do my part to fight to protect the lives of the unborn. From the moment life begins at conception, we have a responsibility to do everything we can to protect that baby’s life and the life of the mother. Oklahoma will keep working to be the most pro-family state in the nation.”
Oklahoma Attorney General Gentner Drummond also put out a statement noting that despite the court’s ruling, preborn lives remain protected in the state. “Despite the court’s decisions today on SB 1603 and HB 4327, Oklahoma’s 1910 law prohibiting abortion remains in place. Except for certain circumstances outlined in that statute, abortion is still unlawful in the State of Oklahoma,” he said Wednesday.
