The Oklahoma Supreme Court ruled Tuesday that the state constitution protects a pregnant person’s right to an abortion if the health of the individual is at stake, overturning a portion of the state’s extensive ban.
House Bill 4327, which was signed by Gov. Kevin Stitt in April 2022, banned abortion in Oklahoma before the landmark overturning of Roe v. Wade happened later that year.
In a 5-4 vote, the court ruled that some of the bill’s language allows for abortion care if the pregnant person’s doctor deems it medically necessary to save the person’s life.
Stitt released a statement Tuesday criticizing the court’s ruling, saying he disagrees with the decision.
“Alarmingly, this activist majority acted out of hand by making a policy decision that belongs to the people,” Stitt wrote.
In a press release from Planned Parenthood Great Plains, Nancy Northup, the president and CEO of the Center for Reproductive Rights, said Oklahoma’s abortion bans are “cruel,” however, she said the opinion better allows for doctors to help at-risk pregnant individuals.
“We are disappointed that the Court declined to rule whether the state Constitution also protects the right to abortion outside of these circumstances,” Northup wrote.
Planned Parenthood Great Plains described the court ruling as “a blow to the entire region.”
“While the Oklahoma Supreme Court recognized a limited right to abortion, it declined to weigh in on whether the state constitution broadly protects the right in other circumstances,” the statement reads. “This decision means that abortion will remain largely unavailable in the state.”
From the same press release, Tamya Cox-Touré, co-chair of the Oklahoma Call for Reproductive Justice, said the decision keeps abortion care out of reach for those who “already face systemic barriers to medical care.”
“Often, it is people living with low incomes and people of color who cannot take time off work, find child care or afford the cost of travel to go to another state for abortion care,” Cox-Touré wrote.
Emily Wales, the president and CEO of Planned Parenthood Great Plains, wrote she is grateful for the ruling as the beginning of Oklahomans’ journey to reestablish bodily autonomy. With this decision, she wrote, the court recognized that patients have a right to critical, lifesaving care. Wales also wrote this right is limited and the majority of people needing abortions still will not be able to access them.
“Health care providers’ hands are still tied by an abortion ban that would make them criminals for providing essential care,” Wales said. “With abortion access functionally eliminated in the state, Planned Parenthood Great Plains will continue doing everything we can to be here for people who need us, just as we have been for decades.”
This story was edited by Alexia Aston and Karoline Leonard. Grace Rhodes and Nikkie Aisha copy edited this story.
