The Oklahoma Supreme Court ruled Senate Bill 1503 and House Bill 4327 as unconstitutional Wednesday.
SB 1503 would have banned abortion after the detection of a heartbeat which can take up to 17 weeks, according to the American College of Obstetricians and Gynecologists. The only exception would be in the case of a medical emergency in line with an Oklahoma Supreme Court opinion in March this year.
HB 4327 would have been a total ban on abortion unless it is to save the life of the mother, or if rape or incest has been reported to law enforcement.
Abortion has been unavailable in Oklahoma since Gov. Kevin Stitt signed HB 4327 in April 2022. The Supreme Court of the United States ruled to overturn Roe v. Wade two months later in June.
The decision to mark both bills as unconstitutional was influenced by Oklahoma Call for Reproductive Justice v. Drummond where the Oklahoma Supreme Court ruled that the state constitution protects the right to an abortion if the person's life is threatened by the pregnancy.
Oklahoma House Speaker Charles McCall (R-Atoka) released a statement following the Oklahoma Supreme Court decision Wednesday.
“I am disappointed with today’s ruling from the Oklahoma Supreme Court regarding SB1503 and HB4327,” McCall wrote. “However, Oklahomans can rest assured that House Republicans will continue to protect the lives of the unborn and pursue legislation that values all life.”
House Democratic Leader Cyndi Munson (D-OKC) issued a statement following the Oklahoma Supreme Court ruling.
"I am pleased to learn about today’s ruling from the Oklahoma Supreme Court that will keep healthcare decisions where they belong, between Oklahomans and their physicians. Oklahomans value their right to make their own decisions when it comes to healthcare for themselves and their families,” Munson wrote. “House Democrats will continue to fight for the rights of all Oklahomans to live their lives free from government interference.”
Oklahoma Senate President Pro Tempore Greg Treat (R-Oklahoma City) issued a statement following the Oklahoma Supreme Court ruling.
“The court’s ruling today has little to no impact regarding abortion in Oklahoma. The ruling has no authority over Oklahoma’s criminal penalties for doctors who perform an abortion,” Treat wrote. “After the U.S. Supreme Court accurately ruled in 2022 there is no constitutional right to an abortion in the United States, it remains illegal to get an abortion in Oklahoma, unless it is to save the life of the mother.”
Emily Wales, president and CEO of Planned Parenthood Great Plains, commented in a press release on how the court ruling changes the landscape of abortion care in Oklahoma.
“This ruling, while providing clarity in emergency situations, does not change the landscape of care significantly,” Wales wrote. “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.”
Editor's note: This story was updated at 1:25 p.m. on May 31 to include a statement from Planned Parenthood Great Plains president and CEO Emily Wales.
This story was edited by Teegan Smith.
