Oklahoma
bill to jail abortion doctors heads to governor
Send a link to a friend
[May 20, 2016]
By Heide Brandes
OKLAHOMA CITY (Reuters) - An Oklahoma bill
that could send any doctor who performs an abortion to jail headed to
the governor on Thursday, with opponents saying the measure is
unconstitutional and promising a legal battle against the cash-strapped
state if it is approved.
|
The bill to make abortion a felony punishable by up to three years
in prison was approved by the Republican-dominated Senate on
Thursday. Governor Mary Fallin, a Republican opposed to abortion,
has not indicated whether she will sign it.
The bill also calls on state medical boards to revoke licenses for
the "performance of an abortion" but allows an exemption for
abortion necessary to preserve the life of the mother.
"This is our proper function, to protect life,” Republican Nathan
Dahm, an author of the bill, said during a debate. Supporters have
said the bill could withstand a legal challenge because the state
was within its rights to set licensing requirement for doctors.
Democratic Senator John Sparks said the bill would not stand up in
court and would lead to expensive legal battles.
"This measure is harmful, discriminatory, clearly unconstitutional,
and insulting to Oklahoma women and their families," the Center for
Reproductive Rights, an abortion rights group, said in a letter to
Fallin.
Several abortion rights groups have promised a court fight if Fallin
signs the bill, which they expect to happen as she has approved more
than a dozen pieces of legislation restricting abortion since taking
office in 2011. The state has been one of the leaders in adding
restrictions to abortions.
[to top of second column] |
Oklahoma City University constitutional law professor Andrew
Spiropoulos said the bill, if approved, may be on shaky legal ground
because the U.S. Supreme Court has ruled that abortion is legal in
the United States.
"When there is a conflict between a state law and federal law, it is
the federal law that prevails," he said.
Lawmakers have faced criticism for not doing enough to plug a
projected $1.3 billion state budget shortfall next year, which has
caused Oklahoma to cut back on funding for schools and services.
(Reporting by Heide Brandes, writing by Jon Herskovitz; editing by
Marguerita Choy and Dan Grebler)
[© 2016 Thomson Reuters. All rights
reserved.] Copyright 2016 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
|