Oklahoma Constitutional Amendment Clarifying No Right to Abortion (SB 195)
This law was last updated on Mar 17, 2019
SB 195 would propose an amendment to the state constitution clarifying that nothing in the state constitution secures or protects the right to perform or receive an abortion.
The proposed amendment would also state that nothing in the Oklahoma Constitution may be read to prevent statutes from being enacted to prohibit or regulate abortion.
The amendment would define “abortion” to mean:
[…]the use or prescription of any instrument, medicine, drug or other substance or device intentionally to terminate a pregnancy other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy or to remove an unborn child who died as the result of a spontaneous miscarriage, accidental trauma or a criminal assault on the pregnant female or her unborn child.
The measure would need to pass both chambers before being presented to Oklahoma voters.
Below is an earlier version of SB 195.
As amended in committee, the bill would trigger a statewide abortion ban if the U.S. Supreme Court overturns Roe v. Wade.
The bill would also trigger an abortion ban in the state if an amendment to the United States Constitution is adopted that restores state authority to prohibit abortion.
The measure would repeal all current provisions regulating abortion.
Below is the original version of SB 195.
As introduced, the bill would have declared that life begins at conception, and would have given constitutional rights to fertilized eggs, embryos, and fetuses.
The bill stated:
The laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development all the rights, privileges, and immunities available to other persons, citizens, and residents of this state.
The bill would have created an exception for any pregnant person who indirectly harms their “unborn child” by failing to properly care for themselves or follow a prenatal program of care.
Similar to HB 1029, which failed to pass in 2013.
1/7/19 – Prefiled.
2/4/19 – Introduced.
2/25/19 – Amended by Health and Human Services Committee; passed committee by an 11-4 vote.