Restrictions

On June 24, 2022, Oklahoma revived the state’s pre-Roe ban through a trigger law, ¹ following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.² The pre-Roe ban criminalizes all abortions except when “necessary to preserve” the life of the pregnant person  and remains in effect. 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”³ and two bans enforced through private, civil lawsuits–a 6-week ban and a total ban– have been found unconstitutional.⁴

Oklahoma has not repealed other laws related to abortion. In 2021, Oklahoma enacted a near total ban⁵ and a six-week ban,⁶ both of which are currently enjoined.⁷ Oklahoma also has a twenty weeks post-fertilization ban with narrow exceptions.⁸ Oklahoma prohibits D&E procedures⁹  and abortions sought for reasons of sex selection.¹⁰

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.¹¹ 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.¹² These requirements are currently enjoined.¹³ Oklahoma also limits public funding for, and private insurance coverage of, abortion.¹⁴ Oklahoma restricts people who self-manage their abortions.¹⁵ Oklahoma law generally requires that a parent or legal guardian be notified prior to a minor’s abortion¹⁶ and consent to it.¹⁷ Alternatively, a judge can approve a minor’s petition.¹⁸

Oklahoma retains targeted regulation of abortion providers (TRAP) laws related to facilities¹⁹ and reporting.²⁰ The legislature has not repealed permanently enjoined admitting privileges requirements.²¹ Oklahoma law continues to restrict the provision of abortion care to licensed physicians who are board certified in obstetrics and gynecology.²² The board certification requirement is currently enjoined.²³ Oklahoma still restricts providers from using telemedicine for the provision of abortion care.²⁴ Providers who violate Oklahoma’s abortion restrictions may face civil and criminal penalties.²⁵

State Protections

The Oklahoma Supreme Court has held that the “Oklahoma Constitution protects a limited right to an abortion”²⁶ 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.”²⁷

Post-Roe Prohibitions

In 2022, Oklahoma amended its “trigger” ban in order to revive the state’s pre-Roe ban.²⁸.

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.²⁹