Updated May 31, 2023 - Health

Oklahoma Supreme Court strikes down 2 abortion bans as procedure remains illegal

Pro-choice activists march outside the Capitol in Washington, D.C. on April 15. Photo: Astrid Riecken For The Washington Post via Getty Images

The Oklahoma Supreme Court struck down on Wednesday two state laws banning nearly all abortions, though the procedure still remains largely illegal due to the state's pre-Roe ban.

Driving the news: The state's high court ruled in the 6-3 decision that the state's 2022 near-total abortion ban and a six-week ban as unconstitutional because they interfere with the "inherent right to terminate a pregnancy to preserve the woman's life."

Both laws were signed into law last year, before the Supreme Court overturned Roe v. Wade. They are enforced through civil lawsuits.

Details: The court said in its opinion that the bans, S.B. 1503 and H.B. 4327, are "unconstitutional" based on its March ruling declaring that the Oklahoma Constitution guarantees a "limited right" to abortion, including in cases where there is a "reasonable" certainty that a pregnancy threatens a person's life.

The Oklahoma Supreme Court said that the laws' language is "even more extreme" than the state's "trigger" ban, which the court said in March was "void and unenforceable."

Yes, but: Oklahoma Attorney General Gentner Drummond said in a statement that despite the court's decision, "Oklahoma’s 1910 law prohibiting abortion remains in place."

"Except for certain circumstances outlined in that statute, abortion is still unlawful in the state of Oklahoma," Drummond added.
Oklahoma's pre-Roe abortion ban makes providing an abortion a felony punishable by up to five years in prison, except when necessary to preserve the pregnant person's life.

Editor's note: This story was updated with additional context.

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Oklahoma Supreme Court strikes down 2 abortion bans as procedure remains illegal

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