Oklahoma Senate Committee Votes Down Proposal to Criminalize Women for Illegal Abortions

The Oklahoma State Senate Judiciary Committee rejected a proposed law that aimed to charge women who undergo abortions with homicide.

Senate Bill 456, known as the “Abolition of Abortion Act,” introduced by Republican state Sen. Dusty Deevers, was defeated by a six-to-two vote.

Under Oklahoma law, unborn children are recognized as individuals from the moment of conception.

Current legislation indicates that “a legal abortion to which the pregnant woman consented” does not constitute homicide. Additionally, it states that “the mother of the unborn child shall not be prosecuted” unless a crime resulting in death has occurred.

Deevers’s proposed bill aimed to eliminate this abortion exemption and the clause regarding the mother’s immunity from prosecution, citing the personhood of the unborn as the foundation of his rationale.

The bill further specified that “regardless of whether the charge is murder, the provisions of this section shall apply when the victim is an unborn child and the defendant is the child’s mother.”

This legal provision ensures that a mother is shielded from prosecution even if others are charged related to the abortion.

Deevers indicated that SB 456 aimed to eliminate a gap that emerged following the enactment of one of the most stringent anti-abortion laws nationally on April 26, 2022.

He claimed that many women have resorted to purchasing “morning after” pills and self-administering abortions, including those in states like Oklahoma that have restrictive abortion laws.

Deevers argued that this practice undermines the 14th Amendment’s guarantee of equal protection under the law for unborn children.

“Children are being murdered in our state,” Deevers asserted to the committee. “Preborn children are just as human as you or me.”

Throughout his remarks, Deevers, an ordained Southern Baptist minister, referenced biblical texts, asserting that those who neglect to take action will be held accountable by God.

“I’m not worried about a ballot initiative. My foremost concern is how I present myself to God,” Deevers stated.

Those opposing SB 456 acknowledged Deevers’s objective to reduce abortions but voiced their disagreement with his proposed solution.

Democrat Sen. Mary Boren argued that prosecuting women would worsen an already grave situation. She recounted knowing numerous young women who were compelled to leave college or their jobs due to an unexpected pregnancy.

Boren maintained that the legislation could deter doctors from practicing within the state while also risking lives by denying women medically necessary abortions.

Boren further noted the potential issues with designating the unborn as legal persons. She pointed out that if unborn children are recognized as persons, then every miscarriage would likely require a law enforcement investigation to determine if a crime had been committed.

“Revising personhood from birth to conception could result in treating all miscarriages as potential murders,” Boren said.

Republican State Sen. Todd Gollihare, vice-chairman of the committee, expressed his desire to eradicate abortion too, yet believed Deevers’s bill fell short in several aspects.

He pointed out that the measure wouldn’t prevent pharmaceutical companies from selling abortion pills in Oklahoma, nor did it outline any exceptions for life-threatening situations involving the mother.

Gollihare remarked that Oklahoma enforces the death penalty for murder convictions, voicing his concerns about the implications of charging women with murder for obtaining abortions.

“I agree with your destination, but I cannot support your method of executing women,” he told Deevers.

Deevers clarified that his bill included exceptions for deaths due to miscarriage or medical issues. Regarding capital punishment, he noted that the legislature determines penalties for crimes.

State Sen. Shane Jett, a Republican representing Shawnee, stated that the Roe v. Wade decision has caused more harm to women than any ban on abortions would.

Jett asserted to the committee that “taking a life is not an easy task.” He emphasized that individuals are inherently averse to killing.

According to Jett, numerous American women carry guilt associated with a killing that society deemed acceptable.

“Sixty million babies—60 million Americans—were denied life and liberty due to these falsehoods. We must rectify the deception propagated 50 years ago,” Jett asserted.

Deevers conveyed his commitment to persist in advancing his bill as long as he is elected to the legislature. He expressed that the ongoing dialogue among state leaders about this challenging issue is a positive development.

“The essence of this bill is to love our preborn neighbors as ourselves,” Deevers remarked to The Epoch Times.

Oklahoma is the fourth state to deliberate over such a law, following similar proposals in Indiana, North Dakota, and South Carolina, with the latter two currently in committee.

The North Dakota House of Representatives affirmed the measure by a vote of 77 to 16 on February 12.