What SB 13 Actually Does
(a continuance from Part 1)
An analysis of SB 13 shows the following repealers that strike down existing state law. When reading the bill at this link, any text that is underlined is new additions to the existing statures and any that has a line through it is language that is being removed. Sometimes a simple repealer is listed saying that Section X is being removed.
Here are the major repealers of SB 13:
Section 9: Repeals laws which restrict those allowed to perform abortions to physicians. This part of SB 13 allows anyone to perform an abortion, licensed doctor or not.
Section 12: Repeals Conscience clauses. As written, would force Christian hospitals to allow their employees or prospective employees (including doctors and nurses) to practice abortion even in cases where the mother's life is not at imminent risk.
Section 16: Repeals ban on partial birth abortion (21 OS 684)
Also repeals Oklahoma's original laws against abortion from 1910, which bans abortion except to save the life of the mother (21 OS 714, and 862), and Oklahoma's 1961 update ban on abortion except to save the life of the mother (21 OS 861).
Section 17:
- Repeals 63 OS 1-729a, legislative findings regarding administering RU-486 (the abortion pill)
- Repeals 63 OS 1-731, which among other things prevents abortions after the first trimester.
- Repeals 63 OS 1-731.2, which prohibits sex-selection abortions.
- Repeals 63 OS 1-732, which prohibits abortion on a viable unborn child.
- Repeals 63 OS 1-734, which requires an abortionist to take reasonable efforts to save the life of an unborn child still alive when exiting the mother's body.
- Repeals 63 OS 1-735, which prohibits the sale or experimentation on an unborn child. Thus, SB 13 legalizes the sale of baby body parts.
- Repeals 63 OS 1-736 a 1978 law which prohibits hospitals which perform abortions from advertising as "counseling" pregnant women.
- Repeals 63 OS 1-737, 1 1978 law which restricts abortions to being performed only at hospitals meeting Health Dept standards.
- Repeals 63 OS 1-737.4- 1-737.6, which require signage in an abortion clinic notifying patients that they cannot be forced to have an abortion.
- Repeals 63 OS 1-738i-738p, the Statistical Reporting of Abortion Act.
- Repeals 63 OS 1-738.1A-738.3a, and 738.5, which require informed consent before an abortion.
- Repeals 63 OS 1-738.3d-3e, which require an ultrasound before abortion
- Repeals 63 OS 1-738.6-738.17, the Unborn Child Pain Awareness/Prevention Act
- Repeals 63 OS 1-740 and 63 OS 1-740.1-740.6, Parental Notification requirements.
- Repeals 63 OS 1-740.11-740.12, a program to fund alternatives to abortion
- Repeals 63 OS 1-741 conscience clause. Thus, SB 13 forces Christian hospitals and doctors to perform abortions, to avoid discrimination lawsuits.
- Repeals 63 OS 1-741.3, which prevents insurance companies from covering elective abortion. Thus, SB 13 compels Oklahomans to subsidize abortion through your health insurance premiums and tax dollars.
- Repeals 63 OS 1-741.12, which prevents wrongful life/wrongful birth lawsuits. Thus, SB 13 coerces Christian doctors into performing abortions to avoid malpractice lawsuits.
- Repeals 63 OS -1745.1-745.11, Pain Capable Unborn Child Protection Act.
Section 18: Repeals 63 OS 1-729.1-729.7, requirement that physician be present when RU-486 is administered.
Section 19: Repeals 63 OS 1-745.12-745.19, Heartbeat Informed Consent Act.
Section 20: Repeals 63 OS 1-738q, Saving Clause on Statistical Reporting of Abortion Act.
Section 21: Repeals 63 OS 1-738.3f-738.3k, right of woman to sue abortionist for negligent failure to comply with state law on abortion
Section 22: Repeals 63 OS 1-740.2A, 740.13, and 740.14, forms for reporting abortions.
Section 23: Repeals 63 OS 1-744-744.6, another parental notification requirement.
Section 24: Repeals 63 OS 1-746.1, 746.3-746.5, and 746.7-10, requiring publication of truthful information about abortion, and giving right to sue abortionists for violation of law
Section 25: Repeals 63 OS 1-746.2 and 746.6, informed consent. Thus, SB 13 allows abortionists to trick women into getting abortions without fear of penalty or lawsuits
Section 26: Repeals 63 OS 1-748, abortionist must have admitting privileges to a hospital within 30 miles
Section 27: Repeals 63 OS 1-737.7-737.16, Unborn Child Protection from Dismemberment from Abortion Act
Section 28: Repeals 63 OS 1-738.5a, general severability clause on abortion laws
Section 29: Repeals 63 OS 1-749-150, which requires keeping fetal tissue when the mother is under 14, for evidence against statutory rapist
Section 30: Repeals 63 OS 1-751 and 753-755, Humanity of the Unborn Child Act
Section 31: Repeals 63 OS 1-752, signage for Humanity of the Unborn Child Act
Section 32: Repeals 63 OS 740.15-19, Choosing Childbirth Act. Thus, SB 13 eliminates programs to help women choose childbirth rather than abortion
Section 33: Voids all other state and federal law regarding abortions and orders all state officials and employees to refuse to answer any federal lawsuit or engage in any way to defend the state
Section 24: Declares that all of the sections and laws mentioned are completely inseverable, meaning that any judge that rules any part to be unconstitutional has to find all parts of the law unconstitutional.
