Oklahoma Supreme Court Strikes Down Vigilante Abortion Bans
Oklahoma high court rules that S.B. 8 copycat laws are unconstitutional, though pre-Roe ban remains in effect
Oklahoma Supreme Court Strikes Two Abortion Bans
05.31.2023 – Today, the Oklahoma Supreme Court struck down two citizen-enforced abortion bans mirroring Texas’ S.B. 8. The two copycat bans were passed in 2022 before Roe v. Wade was overturned. While abortion remains largely unavailable in Oklahoma and the state’s pre-Roe ban remains in effect, today’s ruling ensures that Oklahoma's vigilante bans cannot hold doctors back from providing life-saving care.
In its ruling, the Oklahoma Supreme Court reaffirmed its recent decision recognizing the right to abortion in life-threatening situations. In doing so, the court struck down the two citizen-enforced abortion bans, finding that they could prevent care in such circumstances and thus violate the state constitution. This decision recognizes that doctors should be able to use their own medical judgement on whether to provide an abortion when a patient’s life is at risk without waiting until their life is in imminent danger. A recent study found that there wasn’t a single hospital in Oklahoma that could articulate clear policies for emergency abortion care.
The organizations fighting these laws include the Center for Reproductive Rights, Planned Parenthood Federation of America, and Blake Johnson, on behalf of the Oklahoma Call for Reproductive Justice, Tulsa Women’s Reproductive Clinic, Dr. Alan Braid, Planned Parenthood Great Plains, and Planned Parenthood of Arkansas and Eastern Oklahoma.
Quotes from litigators and plaintiffs:
“While it is disappointing that abortion care remains largely out of reach, the state Supreme Court’s decision today confirms that pregnant Oklahomans in life-threatening situations should get the care they need,” said Priya Desai, Board Member of Oklahoma Call for Reproductive Justice. “Too many pregnant people in my state have been turned away from care despite facing grave threats to their health and lives. But the fight is not over. We will keep working towards a reality where abortion is available in our home communities once again.”
“Oklahoma lawmakers have passed four abortion bans in the last two years with extremely narrow exceptions. Their lack of concern and empathy for pregnant Oklahomans is frightening," said Nancy Northup, president and CEO of the Center for Reproductive Rights. "These overlapping bans have created a public health crisis in the state—we know pregnant women have been turned away from hospitals and denied medically necessary abortions until they were near death. Today, the Oklahoma Supreme Court reiterated that the state constitution protects the right to abortion in life-threatening situations. It’s time Oklahoma lawmakers stop violating their own constitution and putting lives at risk.”
“While this ruling offers limited relief, the reality is that abortion remains inaccessible for most Oklahomans,” said Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America. “Today’s ruling affirms the right to lifesaving care, yet most Oklahomans will still be denied the right to decide what is best for their own bodies and lives. We must continue fighting for abortion access without barriers.”
“This ruling, while providing clarity in emergency situations, does not change the landscape of care significantly,” said Emily Wales, president and CEO of Planned Parenthood Great Plains. “But importantly, the court did strike down contradictory and unconstitutional laws that violate the rights of Oklahomans. While we are relieved the court upheld the right to abortion in medical emergencies, this does not diminish the fact that care remains out of reach for the majority of Oklahomans. We know firsthand the toll these unnecessary burdens place on our patients and we’ll continue to help those reach care when they need it most.”
“After months of uncertainty and chaos, Oklahomans should finally be able to access the life-saving care they need in their home state,” said Dr. Alan Braid, abortion provider and plaintiff in the case. “Heartbreakingly, we were forced to close our Tulsa clinic due to Oklahoma’s abortion bans, but I will continue to serve patients in the region at clinics in Illinois and New Mexico.”