ABOUT THE 2019 “ABOLITION OF ABORTION IN OKLAHOMA ACT”
Currently, Oklahoma’s various abortion-related statutes are radically contradictory. One statute indicates that those who perform abortions are guilty of a felony, punishable by two to five years in the State Penitentiary, while another statute provides that those who hire an abortionist risk spending up to only a year in the county jail. Then we find another statute that contradicts both of these by specifically including an “unborn child” in its definition of homicide, while at the same time making exceptions for a “legal abortion.” To top it all off, dozens of pro-life statutes enacted since 1973 have legalized abortion by spelling out the various means and methods of performing state-sanctioned abortions.
Therefore, Senator Joseph Silk, Republican from Broken Bow, has filed the “Abolition of Abortion in Oklahoma Act” (Senate Bill 13), which would rectify the confusion caused by Oklahoma’s inconsistent statutes related to abortion. Senate Bill 13 provides a simple, easy to understand definition of abortion in the homicide code, and repeals any and all reference to legal abortion, thereby closing legal loopholes for abortion. Essentially, the bill would establish justice for preborn persons by treating abortion the same as any other homicide.
This is not the first time Sen. Silk has attempted to correct Oklahoma’s abortion-related statutes. Republican pro-life leaders in the Senate killed previous versions of his legislation in 2016, 2017, and 2018. The question is, what will new leadership do in 2019? It will be up to the grassroots activists of Oklahoma to see that the Abolition of Abortion in Oklahoma Act advances to Governor Stitt’s desk, giving him the opportunity to fulfill his pledge to sign it and to choose to enforce it.
KEY PROVISIONS IN THE ABOLITION OF ABORTION IN OKLAHOMA ACT
“It is the intent of the Legislature to provide to unborn children the equal protection of the laws of this state…and to treat as void and of no effect any and all federal statutes, regulations, executive orders, and court rulings, which would deprive an unborn child of the right to life.”
“Any federal statute, regulation, executive order, or court decision which purports to supersede, stay, or overrule this Act is in violation of the Constitution of the State of Oklahoma and the Constitution of the United States of America and is therefore void. The State of Oklahoma and its political subdivisions, and agents thereof, may not enter an appearance, special or otherwise, in any federal suit challenging this Act.”
IMPORTANT TERMS IN THE ABOLITION OF ABORTION IN OKLAHOMA ACT
“Abortion” means the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child.
“Unborn child” means the unborn offspring of human beings from the moment of fertilization, through pregnancy, and until live birth, including the developmental stages of human conceptus, zygote, morula, blastocyst, embryo, and fetus.
“Fertilization” means the fusion of a human spermatozoon with a human ovum.
“Homicide” shall include, but shall not be limited to, acts which cause the death of an unborn child committed during an abortion.
CONTEXT OF THE ABOLITION OF ABORTION IN OKLAHOMA ACT
Abortion violates the Constitution of the United States:
Amendment XIV (and V) stipulates: “Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Amendment X stipulates: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Civil-criminal law was never delegated to the federal government.
Abortion violates the Oklahoma Constitution:
Article 2 Section 2 states, “All persons have the inherent right to life, liberty, the pursuit of happiness…”
Article 2 Section 7 stipulates, “No person shall be deprived of life, liberty or property, without due process of law.”
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