The Oklahoma House of Representatives recently passed a resolution recently that declared abortion is a form of murder and that the state should use all the power in their authority to prevent abortion. While a resolution does not grant a state the same power as a law, this resolution serves as a reflection of Oklahoma’s House of Representative’s view of abortion. This resolution has been interpreted as a warning to the Oklahoma Supreme Court not to interfere with any legislation concerning abortion.
The Argument Presented by the Resolution
The resolution framed applicable constitutional law as prohibiting abortion. The Declaration of Independence, the resolution argues, grants individuals the unalienable right to life. The resolution also argues that the Constitution prevents states of denying equal protection under the law. The Supreme Court, the resolution claims, overstepped its authority by considering abortion as a federal issue rather than an issue to be decided by the state. While many people have argued that abortion is based on constitutional law, other individuals have argued that abortion is ultimately a family law issue. Abortion intimately impacts the boundaries of a family including affecting mothering, deciding how other children are impacted by the abortion, and fertility issues that can occur after an abortion is performed.
Applicable Law in Oklahoma Regarding Abortion
In the 1973 case of Roe v. Wade, the Supreme Court ruled that women have the right decide whether to have an abortion during the early stages of pregnancy. While the Constitution grants rights to humans, courts have consistently ruled that fetuses do not possess human rights. The Supreme Court in Planned Parenthood v. Danforth ruled that requiring a father to consent to abortion was unconstitutional because a male’s vote would influence a woman’s decision to decide on an abortion. In the case of Planned Parenthood v. Casey, however, the Supreme Court ruled that the potential father also does not have a right to be notified about abortion of a former sexual partner. In addition to these federal measures, the state of Oklahoma has various additional restrictions on abortion including the following:
- Consent. The parents of a minor who seeks an abortion must consent to the procedure before an abortion will be allowed to be performed.
- Insurance Policies. Unless a person purchases additional insurance, insurance companies only extend insurance coverage to abortions involving life endangerment.
- Limits On When Abortion May Be Performed. Unless an abortion is performed because a woman’s life is endangered, abortion is not permitted at 20 weeks after fertilization.
- Required Counseling. A woman is required to receive counseling designed to dissuade from performing an abortion and then wait 72 hours before the procedure will be performed.
Obtain the Assistance of a Skilled Oklahoma Family Law Attorney
Reproductive rights is one of the most complicated areas in family law. If you are faced with any type of family law issue, retaining the services of a skilled family law attorney can prove to be particularly. Do not hesitate to contact Attorney Jim A. Lyon today.