“They’re all concerned about their elections coming up and making sure they have something they can put on a postcard to talk about,” said Rep. Andy Fugate, D-Midwest City.
The abortion bill, dubbed the Oklahoma Heartbeat Act, prohibits abortions once cardiac activity can be detected in the embryo, which experts say is roughly six weeks into a pregnancy. A similar bill approved in Texas last year led to a dramatic reduction in the number of abortions performed in that state, sending many women seeking the procedure to Oklahoma and other surrounding states.
Although Stitt already signed a bill earlier this year to make performing an abortion a felony crime in Oklahoma, that measure is not set to take effect until later in the summer and might not withstand a legal challenge.
Because the measure approved Thursday has an “emergency” provision, it takes effect immediately after the governor signs it, and abortion providers say will immediately end most abortions in Oklahoma.
A coalition of Oklahoma abortion providers and abortion rights advocates immediately filed separate legal challenges in state court to challenge both the Texas-style ban and the felony crime bill that Stitt signed earlier this month.
“The Oklahoma Supreme Court has repeatedly found that the state legislature’s extreme attempts to restrict abortion are unconstitutional, and these bans are some of the most extreme yet,” Nancy Northup, president of the Center for Reproductive Rights, said in a statement.
A separate bill that uses the Texas-style enforcement mechanism to ban all abortions, not just after cardiac activity is detected, passed the Senate on Thursday and heads to the House for consideration. The bills are among more than a half-dozen anti-abortion measures introduced in the Legislature this year.
“We are more concerned at this point about these Texas-style bans because they have, at least recently, been able to continue and remain in effect,” said Emily Wales, interim president and CEO at Planned Parenthood Great Plains, which operates two abortion clinics in Oklahoma. “We do intend to challenge those if they’re passed, but because of the emergency clause provisions, there would be at least some period of time when we could not offer care.”
Like Texas, the bill allows private citizens to sue abortion providers or anyone who helps a woman obtain an abortion for up to $10,000, a mechanism that the U.S. Supreme Court has allowed to remain in place. Texas’ new law has led to a huge increase in the number of women from Texas seeking abortions in Oklahoma.
“We’re serving as many Texans as Oklahomans right now, in some cases more Texans than Oklahomans,” Wales said.
Before the Texas ban took effect last year, about 40 women from Texas had abortions performed in Oklahoma each month, according to data from the Oklahoma State Department of Health. That number jumped to 222 Texas women in September and 243 in October, the agency reported.
Tony Lauinger, the chair of Oklahomans for Life and a longtime anti-abortion advocate in the state, said he’s optimistic the measure will be deemed constitutional.
“It’s identical to the bill that was enacted by the Texas Legislature last year, and that bill has passed muster with the United States Supreme Court,” Lauinger said. “We are hopeful that this bill will save the lives of more unborn children here in Oklahoma as well.”