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The impact on Oklahoma citizens

Posted: Jun 28, 2022 10:41 AMUpdated: Jun 28, 2022 1:15 PM

Understanding the Impact of Roe vs Wade Overturn

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Victoria Edwards

Since the overturn of Roe vs. Wade by the Supreme Court on June 22, misunderstandings have been aired across the nation about the impact of the decision on both state governments and individuals. In Oklahoma, most people are asking three primary questions:

Is Abortion Now Completely Illegal?

Each state has its own abortion laws and they range from outlawing access to an abortion with a physician to restricting how or when abortions can take place to no restrictions at all. The decision to overturn Roe vs. Wade did not make seeking or having an abortion a criminal act. The decision merely returned the ability of states to govern abortion activities.

Oklahoma is one of 26 states that already had state laws that banned or restricted abortion in some form. Our law was enacted in May 2019 and it restricted abortion activities to saving a pregnant woman’s life or when the pregnancy is the result of rape, sexual assault or incest that has been reported to law enforcement.

What is a “trigger law” and does Oklahoma have one?

Many national commentators have been discussing “trigger laws” in their summaries of the decision. In general, a “trigger law” is any law that was previously passed at a state level that becomes enforceable only when a federal law is overturned. Oklahoma has a trigger law that makes performing an abortion in the state a criminal offense; the law covers aiding, abetting and soliciting abortions as well. The law does not apply to a woman who desires to have an abortion or who actually completes the act.

In regards to certain tribes within Osage and Washington counties, the McGirt law will override the trigger law for the following tribes: Cherokee, Choctaw, Seminole, Creek, Chickasaw and Quapaw. 

Does the SCOTUS decision effect other areas of women’s health?

Women can still obtain contraception and fertility treatments without interference. Women can also choose to leave Oklahoma to go to another state to have an abortion or obtain abortion pharmaceuticals without facing penalties in Oklahoma once they return home.


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