Oklahoma moved further toward being abortion-free two weeks after passing a near-total abortion ban with the approval of more pro-life legislation - two separate bills emulating Texas’s unique and effective Heartbeat law.
The Oklahoma legislature approved SB 1503 and HB 4327 on April 28, 2022, both of which are expected to be signed by Republican Governor Kevin Stitt, who has previously promised to sign every pro-life bill that hits his desk.
Senate Bill 1503
SB 1503, otherwise known as the “Oklahoma Heartbeat Act,” is a replica of the Texas Heartbeat Act. SB 1503 prohibits anyone from performing, inducing, aiding, or abetting abortions after a heartbeat is detected with the only exception being abortions necessary in the event of a maternal medical emergency. Usually, a heartbeat can be detected around six weeks gestation, often before many women know they’re pregnant.
“This is an opportunity to save more Oklahomans,” Senate President Pro Tem Greg Treat said of the bill. “We need to save unborn life. This bill does that, and it is my desire that we continue to push it as far as we possibly can.”
House Bill 4327
HB 4327 goes a step further and bans anyone from performing, inducing, aiding, or abetting an abortion regardless of gestational age.
However, exceptions are broader with this bill, including exceptions for abortions “necessary to save the life of a pregnant woman in a medical emergency,” or abortions that are sought due to “rape, sexual assault, or incest that has been reported to law enforcement.”
HB 4327 also describes abortion more clearly, specifically defining it as: “the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of an unborn child.”
Additionally, the measure notes that an act used to save the life of the mother, including removing an unborn baby who has passed away naturally or removing an ectopic pregnancy, or use of Plan B, morning-after pills, or any other type of contraception or “emergency contraception” are not considered abortion for the purpose of the bill. Some chemical contraception can function as an abortifacient.
Texas-style enforcement of the bills
Of note on both SB 1503 and HB 4327 is that because they were modeled after the Texas Heartbeat Act, they utilize its unique method of private citizen enforcement, making it extremely difficult for them to be blocked once signed into law.
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Typically, pro-life bills rely on enforcement by the state and abortion supporters sue the state to block laws with which they don’t agree.
However, with SB 1503 and HB 4327, as with the Texas Heartbeat Act, the state is prohibited from enforcing them, leaving the legislation to be enforced by private citizens civilly suing those who violate the laws.
This method of enforcement makes it almost impossible for opponents to sue to block the law because there is no clear defendant, as it could be practically anyone in the state who chooses to enforce the laws.
If either bill becomes law, Oklahoma will be the second state to implement a Texas-style abortion law behind Idaho, which implemented its version of the Texas Heartbeat Act in March 2022.
More specifics
If signed, SB 1503 and HB 4327 allow any private citizen of Oklahoma, other than state officials or anyone who “impregnated a woman seeking an abortion through an act of rape, sexual assault, incest, or any other act prohibited by state law,” to civilly sue anyone who:
● Performs or induces an abortion in violation of the respective legislation
● Knowingly engages in conduct that aids or abets the performance or inducement of such an abortion
● Intends to engage in the conduct described
The laws’ stipulations apply for each abortion performed, induced, aided, or abetted in violation of the respective legislation for up to six years after the said violation(s).
The only exceptions of those who cannot be sued under these bills include:
● The mother of the unborn child
● “Any common carrier that transports a pregnant woman to an abortion provider, if the common carrier is unaware that the woman intends to abort her unborn child.”
If found guilty of violating the legislation, the defendant would be responsible for paying court costs and attorney fees, statutory damages of not less than $10,000.00, plus “nominal and compensatory damages if the plaintiff has suffered harm from the defendant’s conduct including but not limited to loss of consortium and emotional distress” for each violation.
Why two bills are necessary
While some people may be wondering why two Texas-style bills are necessary, it’s important to keep in mind Oklahoma is trying to take its best shot at reducing abortions. If only one law is found unconstitutional, the other one will remain in effect.
Creating two bills also requires abortion supporters to successfully shut down both laws in court separately. This is expected to be very difficult considering legal challenges aimed at blocking the Texas Heartbeat Act continue to fail.
Unless both bills are successfully blocked, abortion in Oklahoma will either be outlawed altogether (with the few exceptions mentioned above) or prohibited after a heartbeat is detected except in the event of a maternal medical emergency.
Additionally, both SB 1503 and HB 4327 outline arguments that cannot be brought against the bills in any potential lawsuits, narrowing the legal pathway to block them even further.
Thwarting interstate abortion travel and saving lives
Since the Texas Heartbeat Act was passed last September, Oklahoma’s four abortion facilities report having seen an increase in clients from Texas. In fact, according to interim Planned Parenthood Great Plains President Emily Wales, the abortion giant is, “serving as many Texans as Oklahomans right now, in some cases more Texans than Oklahomans.”
However, if SB 1503 and HB 4327 are signed, they will go into effect immediately, stopping Texans from traveling to Oklahoma to get around the state’s law.
The Texas Heartbeat Act has already saved approximately 150 babies per day since it was enacted over seven months ago, thus if other states such as Oklahoma follow suit by passing similar legislation even more lives will be saved.
