Abortion providers file suit after Oklahoma lawmakers send Stitt Texas-style abortion ban

Gov. Kevin Stitt will get to decide on a Texas-style anti-abortion bill that would take effect immediately upon his signature. 

The Oklahoma House on Thursday gave final passage to Senate Bill 1503 that copies a restrictive anti-abortion law that took effect in Texas in September. 

The law has forced thousands of Texans to seek abortions in neighboring states, including Oklahoma. 

Saying SB 1503 could cause "irreparable harm," to patients and health care workers, abortion providers asked the Oklahoma Supreme Court to block the bill from taking effect should it become law.

Although similar legal challenges were unsuccessful in Texas, providers expressed optimism there is enough precedent for Oklahoma's high court to support their request for an emergency order.

“The Oklahoma Supreme Court has repeatedly found that the state Legislature’s extreme attempts to restrict abortion are unconstitutional, and these bans are some of the most extreme yet,” said Nancy Northup, president of the Center for Reproductive Rights. “We are asking the state courts to uphold the state Constitution and apply Oklahoma precedent to block these insidious abortion bans before they take effect."

The lawsuit is backed by Planned Parenthood, the Tulsa Women's Reproductive Clinic, the Oklahoma Call for Reproductive Justice and abortion provider Dr. Alan Braid. 

The groups also filed a lawsuit in district court against a new law set to take effect in August that would classify performing an abortion as a felony, punishable by up to 10 years in jail. 

Related:Oklahoma Gov. Kevin Stitt signs near-total abortion ban that will take effect in August

Using legislative maneuvers to stifle debate, the GOP supermajority pushed SB 1503 through in a matter of minutes without any questions or discussion. In a silent protest, House Democrats walked out of the chamber after voting on the bill that passed the House on a party-line vote of 68-12. 

SB 1503 from Sen. Julie Daniels, R-Bartlesville, and Rep. Todd Russ, R-Cordell, would prohibit most abortions after a "fetal heartbeat" is detected. That can occur about six weeks into pregnancy, often before a woman knows she is pregnant. 

The bill would effectively implement a near-total abortion ban by allowing private citizens to sue anyone who "aids or abets" a woman seeking an abortion. Successful plaintiffs could be awarded at least $10,000.

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 “The Texas law has already saved the lives of many unborn children," Daniels said in an earlier statement. "We can achieve the same result in Oklahoma with SB 1503."

The legislation includes exceptions for women who have an abortion due to a medical emergency, rape or incest. Women seeking an abortion could not be sued under the proposed law. 

Stitt has said he will sign all anti-abortion bills that advance to his desk. 

Rep. Forrest Bennett, D-Oklahoma City, took issue with how House leadership fast-tracked the bill through the chamber without giving the minority a chance to voice their concerns. 

"I think it's wrong to use taxpayer time in such a forceful way," he said. 

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He also said the bill is misleading because it includes scientifically inaccurate information that implies an embryo has a heart and cardiovascular system at six weeks. 

Because of an emergency clause on SB 1503, the measure could take effect immediately upon Stitt's signature, which could occur anytime in the next few days. 

Oklahoma Senate advances more restrictive abortion ban

The state Senate advanced Thursday an even more restrictive Texas-style abortion ban. 

On a 35-10 vote, the Senate approved House Bill 4327 that also allows citizens to sue anyone who "aids or abets" a woman seeking an abortion. The woman seeking an abortion could not be sued.

However, this bill would apply at any point in a woman's pregnancy, as opposed after a "fetal heartbeat" is detected about the six-week mark. 

HB 4327 includes an exception for abortions necessary to save a woman's life and pregnancies that occur due to rape or incest, but only if the crime is reported to law enforcement.

Senate Minority Leader Kay Floyd, D-Oklahoma City, said the bill requires a woman to relieve the most traumatic event of her life to law enforcement before she's entitled to make her own health care decisions. 

Daniels, the Senate author of HB 4327, said the beauty of the Texas-style abortion bans is that the law acts as a deterrent without any state enforcement.

"This will not save just one life," she said. "It will save many, many lives. It's been proven so in Texas." 

Daniels called Roe v. Wade — the U.S. Supreme Court decision that established a woman's constitutional right to seek an abortion — a dark spot in the nation's history. 

Sen. Carri Hicks, D-Oklahoma City, said offering comprehensive sex education, access to contraception and economic and financial independence for women are key to reducing the number of abortions. 

She also said women should have the freedom and the access to make their own health decisions without government interference. 

"We should live in a world where we can respect each other's personal decisions about if, when, and how to have children, including decisions about abortion," she said. 

Because HB 4327 was amended in the Senate, the bill now returns to the House.