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Oklahoma Supreme Court upholds 'pre-Roe' ban, except to save a mother's life

Oklahoma State Legislature
Posted at 1:48 PM, Mar 21, 2023
and last updated 2023-03-21 17:41:52-04

OKLAHOMA CITY, Okla. — The Oklahoma Supreme Court decided the state constitution protects the right to abortion in life-threatening situations Tuesday, but continued to upheld a ban in all other cases.

The state constitution states no person shall be deprived of life, liberty or property without due process of law. The Court says an outright ban on abortion would violate this right.

"Subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother," the decision reads.

Governor Kevin Stitt criticized the decision,

"Furthermore, in their 20 page opinion, not once was there any mention of the unborn. From the moment life begins at conception, we have a responsibility to do everything we can to protect that baby's life and the life of the mother. That is what I believe and that is what the majority of Oklahomans believe which is why the Legislature has passed, and I have signed, numerous laws banning abortion in Oklahoma."

"I wholeheartedly disagree with this activist majority's opinion creating a right to an abortion in Oklahoma. Alarmingly, this activist majority acted out of hand by making a policy decision that belongs to the people. Chief Justice Kane said it best in his well-written dissent: 'This Court should adhere to the Constitution given to us, not craft what we believe to be a "better" Constitution. The power lies with the people.'"

To read the Court's full decision, click here.

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