The Oklahoma legislature yesterday gave final passage to HB4327 (full text), a bill that bans abortions beginning at the time of fertilization. However, it does not ban Plan B, morning-after pills, or any other type of contraception or emergency contraception. It also contains exclusions for abortions to save the life of the mother in a medical emergency resulting from a physical condition, or in cases of rape, sexual assault or incest, and for procedures aimed at saving the life or health of the unborn child or removing a fetus in case of a miscarriage or ectopic pregnancy.
Enforcement is solely by private lawsuits for injunctions or damages of not less than $10,000. Suit may be brought against anyone (other than the mother) who performs and abortion, or aids and abets procurement of an abortion, including anyone who reimburses the costs of an abortion through insurance or otherwise. State courts are deprived of jurisdiction over suits to prevent a private person from suing. Civil actions under the law are not covered by the Oklahoma Religious Freedom Act, but the Act should not be construed to authorize a government entity to substantially burden any religious belief. KJRH News reports on the bill. Earlier this year, Oklahoma enacted a ban on abortions after six weeks of pregnancy. (See prior posting.)
