Janice Francis-Smith via Creative Commons
Protesters during a Bans Off Oklahoma Rally at the state capitol.
As Oklahoma is poised to enact the most restrictive abortion ban in the country, advocates in other states must start preparing for the same fate.
Last week, Oklahoma legislators voted to pass a total abortion ban, House Bill 4327, the first of its kind in the nation. Once signed into law, abortion will be outlawed. The law does contain an exception if the pregnancy was the result of rape, sexual assault, or incest that was previously reported to law enforcement, or if necessary to save the pregnant person’s life. However, exceptions like this often leave doctors uncertain and may cause them to delay abortions in those cases because they're worried about being charged with a crime, and feel they need to first talk to lawyers before they can proceed.
“Regardless of bills which seek to harm and dehumanize us, we will always be part of a resilient network of abortion supporters that have worked to make access a reality for decades.”
HB 4327 is modeled after Senate Bill 8 from Texas, which made abortion illegal after six weeks of pregnancy, or two weeks after a missed period. The Texas bill also empowered individual citizens to sue potential abortion providers or those who may have helped—or even intended to help—an abortion seeker access care, such as by contributing to an abortion fund, being a practical support volunteer, or working as a clinic escort.
While this law is unconstitutional under the current precedent set by Roe v. Wade, the U.S. Supreme Court decided not to take the case, thereby not only allowing the law to go into effect but opening the door for other states to enact their own copycat legislation, like HB 4327.
And Oklahoma’s HB 4327 is even more extreme than SB 8: Abortion isn’t just outright banned, but the bill also prevents courts from being able to decide whether or not the law violates the state constitution which historically has been interpreted to disallow other extreme abortion bans.
But this bill will not only affect Oklahomans. When SB 8 was passed in Texas, a flood of abortion seekers crossed the border into Oklahoma. With the massive influx of patients, abortion clinics and the surrounding infrastructure were, and continue to be, overwhelmed with those desperate for care. If abortion is outlawed in the state, abortion seekers will have to travel even farther and spend more money to access care.
During the signing of a previous abortion ban, when asked about Texans traveling to his state for care, Oklahoma Governor Kevin Stitt said, “This bill will take care of that. We certainly don’t want Texans coming up to Oklahoma.”
Oklahomans are not giving up without a fight. The state’s only abortion fund, the Roe Fund, said in a statement on its Facebook page, “Regardless of bills which seek to harm and dehumanize us, we will always be part of a resilient network of abortion supporters that have worked to make access a reality for decades.”
The Trust Women Oklahoma City clinic promised that it won’t be closing its doors until absolutely necessary, stating in a press release, “The litany of oppressive and punitive anti-abortion laws that have come into being this year signal to the people of Oklahoma that their agency does not matter, their dreams do not matter, and that their lives do not matter. . . . Our patients are frightened, confused about the new reality they now live in. They are angry at a government that continues to demonstrate a reckless and enthusiastic disregard for their lives.”
The clinic is offering free abortions to those who qualify, as is the Tulsa Women’s Clinic.
Clinic escorts are also holding firm and continuing to guide patients through lines of protesters, despite their increased presence.
It’s imperative for advocates in other states to pay extremely close attention to their state’s legislative agendas and to watch for anti-abortion bills. Advocates around the country can lobby representatives in their states and demand that they protect every person’s right to access abortion; write op-eds and letters to the editor in local newspapers about proudly supporting abortion rights for all; and get involved as a volunteer by clinic escorting, driving patients, or fundraising money for abortion funds.
The fight for abortion access has never been more urgent.
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Editor's note: This article was updated from a previous version to indicate that Oklahoma House Bill 4327 did include some exceptions for rape, sexual assault, or incest that had been reported to law enforcement, or if necessary to save the pregnant person’s life.