Abortion Bans

NEAR-TOTAL

Oklahoma has amended the penalty provision of its pre-Roe abortion ban, but has not repealed the ban, which is unconstitutional and unenforceable.

The unenforceable ban provides that any person who administers to any woman, or who prescribes for any woman, or advises or procures any woman to take any medicine, or who uses or employs any instrument with the intent to cause an abortion not necessary to preserve the woman's life shall be guilty of a felony.  Okla. Stat. Ann. tit. 21, § 861 (Enacted 1910; Last Amended 1999).  A woman who solicits or submits to an abortion not necessary to preserve her life may be imprisoned for up to one year, fined up to $1000, or both.  Okla. Stat. Ann. tit. 21, § 862 (Enacted 1910).

State and federal courts held that these laws are unconstitutional.  Jobe v. State, 509 P.2d 481 (Okla. Crim. App. 1973); Henrie v. Derryberry, 358 F. Supp. 719 (N.D. Okla. 1973).

AFTER 12 WEEKS

Oklahoma's unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  Okla. Stat. Ann. tit. 21, § 684 (Enacted 1998).

Oklahoma's ban is unconstitutional according to the U.S. Supreme Court's decision in Stenberg v. Carhart.  530 U.S. 914 (2000).  In Stenberg, the Court held that a similar ban, which lacked an exception to protect a woman's health and was written so broadly as to ban more than one procedure, placed an undue burden on a woman's right to choose.

Oklahoma's unconstitutional law makes the performance of any abortion procedure that falls within a broad definition a crime, unless the procedure is necessary to save the life of a woman endangered by a physical disorder, illness, or injury.  Penalties include a fine of $10,000, imprisonment for up to two years, or both. Okla. Stat. Ann. tit. 21, § 684 (Enacted 1998).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.