The Oklahoma Supreme Court handed down a decision on Senate Bill 1503 and House Bill 4327 calling the anti-abortion bills unconstitutional. Abortion is still illegal in Oklahoma due to trigger legislation which reverts back to the 1910 ban.
Both of the bills were passed by the Legislature and signed by Governor Kevin Stitt last year in the wake of the leaked U.S. Supreme Court decision, Dobbs v. Jackson Women’s Health Organization which overturned Roe v. Wade.
The 6 – 3 decision evoked strong reactions from Oklahoma officials.
Governor Kevin Stitt:
“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.”
Senate President Pro Tem Greg Treat:
“The court’s ruling today has little to no impact regarding abortion in Oklahoma. The ruling has no authority over Oklahoma’s criminal penalties for doctors who perform an abortion. After the U.S. Supreme Court accurately ruled in 2022 there is no constitutional right to an abortion in the United States, it remains illegal to get an abortion in Oklahoma, unless it is to save the life of the mother. The state Supreme Court continues to ignore precedent set by federal and state law and keeps making political decisions outside their authority. Today’s decision is another example of why comprehensive judicial reform is needed sooner than later. In the meantime, it is important for Oklahomans to know that leaders in the legislature are committed to the right to life in Oklahoma.”
House Speaker Charles McCall:
“I am disappointed with today’s ruling from the Oklahoma Supreme Court regarding SB1503 and HB4327. A supermajority of members in both chambers supported this legislation that was signed by the governor.
“However, Oklahomans can rest assured that House Republicans will continue to protect the lives of the unborn and pursue legislation that values all life.
“Thanks to the leadership of House and Senate Republicans, Oklahoma is one of the most pro-life states in the nation. Today’s ruling won’t change that, and we will continue to be a voice for the voiceless as we strive to protect the right to life in the State of Oklahoma.”
Senator Julie Daniels (author of SB 1503 and HB 4327):
“On Wednesday, a rogue Oklahoma Supreme Court, acting as self-appointed legislators, unleashed another attack on Oklahoma’s unborn children. The court also thumbed its nose at the Legislature and showed their contempt for the separation of powers.
“These laws ensuring abortionists faced paying damages and the loss of their medical licenses was already precedent in other states, such as Texas.
“Our court should have dismissed these two lawsuits last year. Instead, they ignored the fact that the government can’t be the defendant under these civil laws.
“In both decisions, the majority said not one word about a right to life of the unborn child. This is a dangerous game the Supreme Court is playing in terms of judicial activism. It should be a wakeup call to my colleagues that we need to strongly consider legislative intervention to avoid any more erosion to pro-life measures, or any other pieces of legislation that the Oklahoma Supreme Court doesn’t like.
“The Legislature had an opportunity to clarify our pro-life statutes this legislative session. SB 834 would have made language, including definitions and exceptions, consistent throughout our laws that could have thwarted this attack on the right to life in our state. We had a duty to use our legislative authority to act to protect unborn children from unelected pro-abortion justices. I am gravely disappointed and saddened that we stood silent. We still have options. We must work quickly. We must work together.”
House Democrat Leader Cyndi Munson:
“I am pleased to learn about today’s ruling from the Oklahoma Supreme Court that will keep healthcare decisions where they belong, between Oklahomans and their physicians. Oklahomans value their right to make their own decisions when it comes to healthcare for themselves and their families. House Democrats will continue to fight for the rights of all Oklahomans to live their lives free from government interference.
“As SB1503 and HB4327 advanced through the legislative process in 2022, House Democrats continually questioned their constitutionality. Today’s ruling is a reminder, for the supermajority in both chambers, that putting forth extremist legislation for partisan political points is a waste of taxpayer time and money.
“It is our job as legislators to focus on issues most important to Oklahomans – access to high-quality public education, affordable health care, employment that provides a living wage, and affordable housing – that will ensure they can thrive, not merely survive.”
