2022 Oklahoma Regular Session Legislative Session Wrap Up Report
The 2022 Regular Session of the Oklahoma Legislature was an extremely tough session for abortion advocates. We know several bills were passed and signed into law and trying to keep track of all of them can be confusing. We are here to educate folks about what has passed and what will go into effect and when. We hope you find this useful.
Oklahoma has sought to restrict and ban abortion in every conceivable way. And, the Governor has made clear that he will sign any anti-abortion legislation that crosses his desk.
Summary
This year, Oklahoma became the first state to ban abortion entirely while Roe still stands. In 2022, the state passed four abortion bans, including two bans that are enforced through a Texas S.B. 8-style private right of action, a criminal total ban, and an amended “trigger ban.” Last year, the Legislature passed nine anti-abortion bills, including a total abortion ban and a six-week abortion ban. Five of those 2021 bills, including the two bans, are blocked by a state court. The 2022 bans have yet to be blocked.
These abortion bans fall hardest on marginalized communities, including Black and brown communities, and people who already struggle to access healthcare, including contraception and other preventive care. We will keep fighting to restore abortion rights in the state.
Private Right of Action Bills
Two extreme abortion bans, House Bill 4327 and Senate 1503, are currently in effect. These laws have devastating consequences for people in Oklahoma. People seeking abortion care must now travel out-of-state. This creates an insurmountable barrier for many people, especially those who lack the funds or resources for travel. This ban impacts people inside Oklahoma as well as in neighboring states. Since S.B. 8 took effect in Texas, Oklahoma abortion clinics saw a nearly 2500% increase in patients. Those patients, and people in Oklahoma who need abortion care, must now travel even greater distances to access this fundamental care.
H.B. 4327—Total Abortion Ban, Private Right of Action
This bill copies Texas’s S.B. 8, except it is a total abortion ban. The bill allows private citizens to bring lawsuits against anyone who provides abortion care or help someone get access to care. There is an exception for pregnancies that are the result of rape, sexual assault, or incest, but only if the crime is reported to law enforcement. H.B. 4327 is currently in effect. A challenge to this law is pending before the Oklahoma Supreme Court.
S.B. 1503—Six Week Ban, Private Right of Action
This bill copies Texas’s S.B. 8 and bans abortion at 6-weeks. It is also enforced through a private right of action. The bill bans abortion from the time that cardiac activity can be detected, which is as early as six weeks into the pregnancy. The bill contains a narrow exception for medical emergencies. S.B. 1503 is currently in effect. A challenge to this law is pending before the Oklahoma Supreme Court.
State Enforcement Bills
In addition to the bans currently in effect, the legislature also enacted two additional bans, Senate Bill 1555 and Senate Bill 612. If allowed to go into effect, these bans would be implemented by the state, as compared to the private right of action bills imposed by private citizens.
S.B. 1555—"Trigger Ban”
This bill is a “trigger ban” and allows the state to ban abortion if Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey are undermined. This bill amended a previously enacted “trigger ban,” making that law even broader. S.B. 1555 has been enacted and will take effect if the Oklahoma Attorney General certifies that the U.S. Supreme Court has overruled, in whole or in part, Roe and Casey.
S.B. 612—Total Abortion Ban
This bill bans all abortions in the state with limited exceptions to save the life of a pregnant person in a medical emergency. The bill makes providing an abortion a felony punishable by up to 10 years imprisonment and/or a fine of up to $100,000. S.B. 612 has been enacted and would go into effect in August 2022, if not blocked.
These laws are sloppy and contradictory. Even the authors could not answer basic questions about their own bill. An article by Business Insider contacted authors and many couldn’t even recall what the text of their own bills said.
OCRJ will continue advocating alongside our communities, especially those who will bear the brunt of these hateful and extremely cruel abortion bans, and remain in solidarity with those fearing for the ability to get the care they need. We will work together to educate folks about about accessing abortion, challenge stigma, and work toward our vision of free, safe, and healthy futures for all.