Breaking Down A New Bill Filed To Change Wording Of Oklahoma Abortion Law

A Republican state lawmaker filed a bill to change the wording of Oklahoma’s abortion law.

Before Roe V. Wade was overturned, Oklahoma had four abortion laws on the books, three of which were overturned by the state Supreme Court.

Now Oklahoma has one law left that allows for an abortion only to save the life of the mother. 

When did this change?

This law was challenged in the state supreme court, and in May 2023, justices ruled 6-4 that there is a limited right to abortion in the state. The court held that abortion must be allowed in order to preserve the life of the mother after a challenge brought to state law by abortion rights supporters.

The court did allow a state ban on elective abortions to remain in place.

The majority opinion ruled a woman has a right to protect her life while the dissenting justice said there is no real or implied right to an abortion in the U.S. or the state constitution.

What is the reason behind the wording change?

Rep. Jim Olsen (R-Roland) filed House Bill 1008 that would change the wording of the abortion law, he says to better align with the Oklahoma Supreme Court ruling.

“At its core, the whole argument comes to this: Is the baby's life equal to that of the mother,” asked Olsen. “Of course it is. It is critical that we always judge all life as equal of preservation.” 

The state supreme court ruled in 2023 that there is "an inherent right of a pregnant woman to terminate a pregnancy when necessary to save her life."

“In my opinion, the root of their objection is they do not believe the baby is equal to the mother,” said Rep. Olsen.

What would House Bill 1008 do?

Representative Jim Olsen's House Bill 1008 makes an adjustment to Oklahoma's 2022 law, which made it a felony to perform an abortion with a single exception: to save the life of the mother in a medical emergency. Representative Olsen is changing the wording of “medical emergency.”

“So the bill replaces the words “life of the mother in a medical emergency” with the words “to preserve the life of the mother”, and that wording was taken from the decisions of the court,” said Rep. Olsen.

Any provider who performs an abortion outside of the scope of the law would still face a felony, keeping Oklahoma as the state with one of the strictest abortion laws.

How would this affect medical providers?

“In many ways, this proposed bill is completely unnecessary and duplicative,” said Janet Levit, a law professor at the University of Tulsa. “This bill does nothing to allay the concerns of medical providers that they may face criminal prosecution and this bill endangers the lives and health of many Oklahomans.”

Professor Levit says the more effective approach would be to add protections for victims of rape and incest or to address women’s health in instances of ectopic pregnancies, fatal fetal anomalies, or cancer.

Additionally, with the state’s current strict abortion law, Levit says, “This is completely unnecessary given the current state of our law.”

How Are Oklahoma’s Abortion Laws Affecting Doctors and Obstetric Care?

As a result of Oklahoma’s strict abortion laws, Levit says we are losing doctors, and aren’t able to attract residents, over fears they will be prosecuted or won’t be able to properly treat their patients. 

Levit says 50% of Oklahoma counties are obstetric deserts. 

“The decisions at these critical moments belong to the pregnant woman, to her family, her doctors, and her faith. Our legislature and our governor should not be playing quarterback in our doctor's offices and operating rooms,” said Levit.

What’s next?

With a republican supermajority at the state capitol, Representative Olsen says he’s hopeful this bill will be successful next session.

“Happy to fight the fight to defend the equal rights of the baby to life,” said Rep. Olsen.

The bill will be presented when the Oklahoma legislative session begins on February 3rd, 2025.