State Protections

The Oklahoma Supreme Court has held that the “Oklahoma Constitution protects a limited right to an abortion”¹ The Court held:

The Oklahoma Constitution creates an inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life…if at any point in the pregnancy, the woman’s physician has determined to a reasonable degree of medical certainty or probability that the continuation of the pregnancy will endanger the woman’s life…Absolute certainty is not required, however, mere possibility or speculation is insufficient.⁰

The state remains hostile to abortion, Oklahoma’s Public Health Code states that it cannot be “construed as creating or recognizing right to abortion.”²

Restrictions

On June 24, 2022, Oklahoma revived the state’s pre-Roe ban through a trigger law, ³ following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.⁴ This ban criminalizes all abortions except when “necessary to preserve” the life of the pregnant person  and remains in effect.⁵ Oklahoma retains other total and early gestational bans that have been found to be unconstitutional by the Oklahoma Supreme Court: a total criminal ban is permanently enjoined as “void” and “unenforceable”⁶ and two bans enforced through private, civil lawsuits–a 6-week ban and a total ban– have been found unconstitutional.⁷

Oklahoma has not repealed other laws related to abortion. In 2021, Oklahoma enacted a near total ban⁸ and a six-week ban,⁹ both of which are currently enjoined.¹⁰ Oklahoma also has a twenty weeks post-fertilization ban with narrow exceptions.¹¹ Oklahoma prohibits D&E procedures¹²  and abortions sought for reasons of sex selection.¹³

Oklahoma law continues to include requirements that pregnant people who seek abortion care must undergo a mandatory seventy-two-hour waiting period and biased counseling.¹⁴ Additionally, in 2021, Oklahoma enacted a requirement that pregnant people who seek a medication abortion—must be given an ultrasound to confirm gestational age seventy-two hours in advance.¹⁵ These requirements are currently enjoined.¹⁶ Oklahoma also limits public funding for, and private insurance coverage of, abortion.¹⁷ Oklahoma restricts people who self-manage their abortions.¹⁸ Oklahoma law generally requires that a parent or legal guardian be notified prior to a minor’s abortion¹⁹ and consent to it.²⁰ Alternatively, a judge can approve a minor’s petition.²¹

Oklahoma retains targeted regulation of abortion providers (TRAP) laws related to facilities²² and reporting.²³ The legislature has not repealed permanently enjoined admitting privileges requirements.²⁴ Oklahoma law continues to restrict the provision of abortion care to licensed physicians who are board certified in obstetrics and gynecology.²⁵ The board certification requirement is currently enjoined.²⁶ Oklahoma still restricts providers from using telemedicine for the provision of abortion care.²⁷ Providers who violate Oklahoma’s abortion restrictions may face civil and criminal penalties.²⁸

Historical Restrictions

In 2022, Oklahoma amended its “trigger” ban in order to revive the state’s pre-Roe ban.²⁹.

Conclusion

Now that the Supreme Court has overturned Roe, Oklahoma is enforcing a pre-Roe ban that prohibits abortion entirely, except when “necessary to preserve” the life of a pregnant person.