OKLA. MANDATES INVASIVE MEDICAL PROCEDURES.... It's fairly common for policymakers who want to ban all abortions, but can't get away with that legally, to make it as difficult as possible for women to exercise their reproductive rights. But Oklahoma is taking this approach to
truly outrageous levels.
The Oklahoma Legislature voted Tuesday to override the governor's vetoes of two abortion measures, one of which requires women to undergo an ultrasound and listen to a detailed description of the fetus before getting an abortion.
Though other states have passed similar measures requiring women to have ultrasounds, Oklahoma's law goes further, mandating that a doctor or technician set up the monitor so the woman can see it and describe the heart, limbs and organs of the fetus. No exceptions are made for rape and incest victims.
This really is remarkable. For all the overheated talk from the right of late about government interfering with medicine, patients' decisions, and doctors' treatments, conservatives in Oklahoma have now made
this the law in their state.
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04.27.10 - (PRESS RELEASE) Today, the Center for Reproductive Rights filed a challenge against Oklahoma legislation which prohibits a woman from getting an abortion unless she first has an ultrasound, is shown the ultrasound image and listens to her doctor describe the image in detail. The lawsuit follows the Oklahoma Senate voting to override Governor Brad Henry’s veto of the legislation this afternoon.
“It is extremely disappointing that the Oklahoma legislature insists on passing a law that is so clearly unconstitutional and so detrimental to women in the state,” said Stephanie Toti, staff attorney in the U.S. Legal Program of the Center for Reproductive Rights. “The state has already spent the last two years defending this abortion restriction and several others—without success. Another round in the courts won’t change our strong constitutional claims against the law, it will only waste more of Oklahoma taxpayers’ time and money.”
The Center argues that the ultrasound requirement profoundly intrudes upon a patient’s privacy and is the most extreme ultrasound law in the country. The law forces a woman to hear information that she may not want to hear and that may not be relevant to her medical care. It also dangerously discounts her abilities to make healthy decisions about her own life by forcing her to hear information when she's objected. In addition, the statute interferes with the doctor-patient relationship—potentially damaging it—by compelling doctors to deliver unwanted speech.
“Politicians have no business making medical decisions,” said Toti. “When they do, it seriously undermines doctors’ ability to give patients the best medical care and does absolutely nothing to improve the health of patients.”
Last year, an Oklahoma state court struck down the ultrasound provision, among other abortion restrictions, as part of an omnibus bill in a single-subject challenge.
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