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Strict Oklahoma abortion laws spark court battles
 
By The Associated Press
Published: 10/23/2009  3:42 PM
Last Modified: 10/23/2009  3:42 PM

Two new laws being challenged in the Oklahoma courts would give the state some of the strictest abortion laws in the country by forcing women to answer questions about race and their relationships, and to listen to a doctor talk them through an ultrasound.

Legal challenges to the laws are in their early stages, but observers say the trajectory of cases could mirror that of the partial-birth abortion debate, which went through Nebraska courts and was struck down by the U.S. Supreme Court before Congress made it a federal law that was upheld in 2007.

“That's an apt comparison,” said Joseph Thai, a professor at the University of Oklahoma who specializes in constitutional law and the Supreme Court. “So, expect these Oklahoma laws and the ensuing court decisions to be the first rather than last word on how far a state may go with respect to compulsory procedures and reporting requirements.”

Opponents of the laws say they were drafted to make a woman's already difficult decision to have an abortion even more difficult.

“Nobody undertakes this kind of decision lightly to begin with,” said Anita Fream, CEO of Planned Parenthood of Central Oklahoma. “To turn around and, once you've made this decision, find out the legislators have imposed these additional restrictions, it's really quite problematic. It often makes a difficult decision even more painful.”

One law would require women to fill out a lengthy survey that asks, among other things, about their race, education and reason for seeking an abortion. It asks women

whether they're having relationship problems, whether they can't afford to raise a child or whether having a baby would dramatically change their lives.

Another section requires doctors to provide detailed information about complications that arise as a result of the procedure. The Health Department ultimately would compile the information into a statistical report and post it on its Web site.

“It is particularly Draconian, abusive, intimidating,” said former Democratic state Rep. Wanda Jo Stapleton, a plaintiff in the lawsuit challenging the reporting requirements. “Those are totally intimidating, totally personal questions, and it's nobody's business.”

But supporters say the surveys will prove valuable to understanding why women seek abortions, and that women need to be provided with as much knowledge as possible before making an irrevocable decision.

“Do they feel they have no other choice? Is it financial? What are the reasons that lead up to that very desperate choice of a woman?” said Republican state Rep. Pam Peterson, who played a key role in drafting both laws.

Republican state Rep. Dan Sullivan, who helped draft the questionnaire bill, said lawmakers are simply seeking as much information as possible to help them find ways to reduce the number of abortions in Oklahoma.

“These are tragic situations for people, and we're not trying to compound anyone's emotional state,” said Sullivan, of Tulsa.

He said the identities of the women who filled out the questionnaires would be kept private, because the forms don't ask for personally identifiable information and the Health Department has been directed to ensure personal information doesn't make it onto the Web site.

Opponents of the laws, including the New York-based Center for Reproductive Rights, have sued to stop them from taking effect, arguing that both were rolled into larger bills, violating a state constitutional provision requiring bills pertain to a single subject. A district court judge issued a temporary order this week preventing the questionnaire law from taking effect.

Another district court judge overturned the other law, which would require women seeking abortions to undergo an ultrasound and to have a doctor talk them through what they're seeing. The law would require a doctor to use a vaginal transducer in the earliest stages of pregnancy, since that provides the clearest image when the fetus is small. The method is more invasive than the abdominal ultrasounds most pregnant women undergo.

The state has appealed that decision to the Oklahoma Supreme Court. In the meantime, lawmakers who backed the abortion laws have said they'd likely resubmit them as separate measures during the next legislative session.

While most states have abortion reporting requirements, Oklahoma's laws in both areas are the most far-reaching in the nation, said Elizabeth Nash, a public policy analyst with the New York-based Guttmacher Institute, an abortion rights group focused on sexual and reproductive health research.

Alabama, Louisiana and Mississippi require ultrasounds in all abortion cases, and Arizona and Florida require them after the first trimester. But no other states require doctors to describe the image to women and mandate that a vaginal ultrasound be used in certain cases, Nash said.

Tony Lauinger, chairman of the anti-abortion group Oklahomans for Life, said the ultrasound law helps ensure women are fully aware of how developed the fetus is.

According to the state Department of Health, the number of annual abortions performed in Oklahoma has stayed relatively steady in recent years, with 6,322 in 2005, 6,595 in 2006 and 6,319 in 2007, the most recent year for which data was available.

By The Associated Press

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Report Comment
2ndjoyce, BA (10/23/2009 4:12:04 PM)
I'm beginning to understand why people become hermits.
Report Comment
TonyQ, Tulsa (10/23/2009 4:37:36 PM)
Oklahoma... native wingnuttia
Report Comment
Woofenburger, Hominy (10/23/2009 4:47:00 PM)
TonyQ:
Too Cool
Report Comment
Teddy Bear 1975, Eufaula (10/23/2009 6:39:28 PM)
Abortion need to be outlaw. Under the current president that wont happen.
Report Comment
TeaTimer, Tulsa Area (10/23/2009 7:05:55 PM)
Pam Peterson is a wonderful woman. She is only trying to help women make the proper decision. She and Dr. Peterson are great examples for the rest of us to follow.
She is not trying to punish women only aid them in what needs to be done. My niece was raped by a family attorney and she never got over aborting her baby. She died at only 39 old and the family believes she grieved herself to death. She made the statement that nothing took the pain away even after four more births.
Rep. Pam Peterson is only trying to avoid women suffering after their decisions. LET'S GIVE CREDIT WHERE CREDIT IS DUE.
Report Comment
2ndjoyce, BA (10/23/2009 7:18:43 PM)
I give no one credit for this one. Sorry. Prying into the lives of women and not men annoys the you know what out of me.
Report Comment
Centrist, the burbs (10/23/2009 7:32:22 PM)
Peterson and Sullivan, two Rep's that we need to get out of our State. I would like to see the remainder of the list that voted for this invasive law.

Tea Timer: Your views are in the minority of women's views in OK. Were not buying your sales pitch.
Report Comment
Centrist, the burbs (10/23/2009 7:34:32 PM)
Tea Timer: If you truly believe in the principles of the founding fathers then you would not be supporting government in womens' personal business.
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TeaTimer, Tulsa Area (10/23/2009 8:14:06 PM)
Abortion is wrong. The law says a woman can decide for themselves. It does not hurt to inform them of their choices and what is really happening.

Are you centrist and joyce afraid to inform these women. If you want an abortion do so. I'll never keep you from it. You would be the first to yell murder but think abortion is ok.
Report Comment
2ndjoyce, BA (10/23/2009 8:43:37 PM)
I'm not afraid of informing women of anything, TeaTimer. This is not informing, this is intruding. I am past child bearing years and was so happy to have my children as I consider them true blessings. But not everyone thinks like I do or like you do.

I would never encourage anyone to have an abortion, but as long as abortion is legal, there is no reason to probe into the private lives of women who make that legal choice.
Report Comment
Thunder196, Tulsa (10/23/2009 9:00:00 PM)
Centrist
Google "Who voted for HB 1595" and it should bring up several web sites. Click on the one that says Progress On The Prairie. Click on that one and there is a link in red that says "take a look here" that will take you to the list.
Report Comment
Thunder196, Tulsa (10/23/2009 9:06:00 PM)
On my profile page, there is now a bookmark. In my other bookmarks. HB1595.
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Centrist, the burbs (10/23/2009 10:52:44 PM)
Tea Timer: I am all for allowing to have your belief or opinion to believe abortion is wrong but you should respect other women's belief that is different than yours. It should not be up to you or anyone else to tell another woman what her choice is.

Thanks Thunder
Report Comment
Fantasy Cats, Meow, Meow (10/24/2009 12:50:45 AM)
The ones who voted for this bill, still think a woman is something to own. They need to come out of the Dark Ages and fast forward into this century.
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Okiedokie, (10/24/2009 8:08:23 AM)
In 2007, the Senate author of HB-1595 didn't even give a hearing in his Health Committee for three bills to make contraceptives more available. In 2007, he also voted against the All Kids Act to add 42,000 poor kids to the State Children's Health Insurance Program (SCHIP).

The House author helped kill Nick's Law in committee this year. That was the bill which allowed parents to buy health insurance for their children with autism.

So much for living children and their mothers!!
Report Comment
Centrist, the burbs (10/25/2009 2:09:21 AM)
I found that Adelson was only 1 out of 9 that voted against this ridiculous bill. Thanks!
 

 
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