Oklahoma Abortion Ban Upheld by State Supreme Court with One Exception Permitted

Oklahoma’s Supreme Court upheld the state’s ban against abortion, despite activist lawsuits. This was a major victory for pro-life activists and babies still in their wombs.

LifeNews.com reports the Oklahoma Supreme Court has ruled that abortions are illegal and that the ban will be enforced. However, the state does make exceptions for medically necessary abortions where the mother’s life is in danger.

This clarification was made by the law in order to avoid any confusion

The court stated, “The Oklahoma Constitution gives pregnant women an inalienable right to end a pregnancy if it is necessary to protect her life. ”

§63-1-731.4 of the Oklahoma state statutes says, “a person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.”

The statute defines a medical emergency as “a condition which cannot be remedied by delivery of the child in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness or physical injury including a life-endangering physical condition caused by or arising from the pregnancy itself.”

The court ruled 5-4, that an abortion is medically necessary if it can save the woman’s life or health. She will not have to wait for her life to be in danger.

“‘The language, ‘except to save the life of a pregnant woman in a medical emergency’ is much different from ‘preserve her life’ found in § 861. It restricts the performance of an abortion to only a pregnant woman who is ‘in a medical emergency’ which includes that her life ‘is endangered.’ 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. 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.”

This should immediately discredit any talk about states refusing to allow abortions, even if the woman is at imminent risk. Pro-abortion activists often use this talking point to scare women into supporting pro-life legislation.

According to Reuters, Planned Parenthood President Alexis McGill Johnson is glad medically necessary abortions are allowed but calls Oklahoma’s abortion ban “unconscionable.”

Johnson stated that “While we are relieved Oklahomans in life-threatening circumstances have the right to receive care,”

The April abortion ban signed by Governor Kevin Stitt is still in effect. Oklahoma’s abortion ban was signed in April. It means that abortion is not allowed to be performed as an elective procedure to end innocent people’s lives, but only when it saves a woman’s life.