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New Oklahoma Abortion Law On Ultrasounds Halted Until Hearing
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May 4, 2010 2:06 p.m. EST
Topics: abortion, healthcare policy, social issue, health, crime, law and justice, laws, United States
Kris Alingod - AHN News Contributor
Oklahoma, OK, United States (AHN) - Enforcement of a new law in Oklahoma has been postponed following a lawsuit from abortion providers. The law requires women to undergo an ultrasound an hour before an abortion.
District Judge Noma Gurich issued a restraining order delaying enforcement of HB 2780 until a hearing in July. The decision was in response to a lawsuit filed by the the Center for Reproductive Rights on behalf of a Tulsa-based clinic, Nova Health Systems, and a physician, Larry Burns.
HB 2780 was passed last week after state lawmakers voted to override a veto from Democrat Gov. Brad Henry. Apart from mandatory ultrasounds, it requires women to listen to a detailed description of the image of the fetus.
The law was vetoed by the governor along with another measure, HB 2656, which prohibits women from suing doctors who intentionally or unknowingly withhold information about fetal abnormalities because they think the mother may terminate her pregnancy.
The state legislature, which is controlled by a Republican majority, overrode both vetoes. The House voted, 81-14, on the ultrasound bill, followed by the Senate, 36-12.
The governor had argued that the ultrasound bill had no exemption for victims of rape or incest.
“By forcing the victims of such horrific acts to undergo an ultrasound and listen to a detailed description of the procedure after they have faced the unspeakable trauma of rape or incest, the state victimizes the victim for a second time," he said in a statement.
Henry also called the measure "an unconstitutional attempt by the Oklahoma legislature to insert government into the private lives and decisions of its citizens."
The governor said he vetoed the bill prohibiting a woman from filing wrongful life and death lawsuits because "it is unconscionable to grant a physician legal protection to mislead or misinform a pregnant woman in an effort to impose his or her personal beliefs on his patient."
Oklahomans For Life, an anti-abortion group, had argued that the bill barring women from suing "fosters respect for babies with disabilities by disallowing wrongful-life lawsuits that claim a baby would have been better off being aborted."
The group said the ultrasound bill would provide women with information "to make a truly informed decision and to give truly informed consent to [an] irrevocable act."
The restraining order issued on the ultrasound law is the latest in a long series of victories and defeats for both pro-choice and pro-life advocates. Conservatives in the state have been pushing for mandatory ultrasounds since 2006.
Last August, a county district court overturned a similar measure, SB 1878, requiring ultrasounds before abortions. That ruling was in response to a lawsuit filed also by the Center for Reproductive Rights for Nova Health Systems.
SB 1878 was repealed without having been enforced. Like the new law, it was passed after the state legislature overrode a veto from the governor.
The Center for Reproductive Rights says the new ultrasound law is unconstitutional and interferes with a woman's ability to make decisions about her medical care.
“Politicians have no business making medical decisions,” Stephanie Toti, staff attorney of the center, said in a statement. “When they do, it seriously undermines doctors’ ability to give patients the best medical care and does absolutely nothing to improve the health of patients.”
“The state has already spent the last two years defending this abortion restriction and several others—without success. Another round in the courts won’t change our strong constitutional claims against the law, it will only waste more of Oklahoma taxpayers’ time and money," Toti added.
State Senate Majority Leader Todd Lamb, however, pointed out that the new ultrasound law adheres to last year's court ruling that SB 1878 violated the state constitution's "single-subject" requirement.
Senate Pro Tempore Glenn Coffee added that the new law passed both chambers of the legislature by wide, bipartisan margins. He argued that the lawsuit from the Center for Reproductive Rights seeks to prevent a drastic reduction of abortions.
“In November, 2009, the director of the Planned Parenthood office in Bryan, Texas, resigned her position after witnessing a pre-abortion ultrasound. She is now a pro-life advocate," Coffee said. “Because abortion is a billion dollar business, those promoting the termination of pre-born lives will stop at no expense to forestall or circumvent the will of the people through their elected officials.”
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