Okla. Overrides Veto to Enact Tough Abortion Law

(April 28) -- Oklahoma has two new abortion laws today, one said to be among the toughest in the nation because it requires a woman to have an ultrasound -- with the monitor in her view -- and to hear a detailed description of the fetus before having an abortion.

The other law forbids women who have disabled babies from suing a doctor for withholding information about birth defects discovered while the fetus was in the womb. Backers say it tries to prevent women from discriminating against disabled fetuses, but opponents feel it makes getting an abortion harder.

The laws passed over the objection of Democratic Gov. Brad Henry, as the Senate voted 32-12 on Tuesday to override his vetoes of both measures.

Henry criticized the ultrasound law because it does not have exemptions for victims of rape and incest. He predicted that neither law would survive.

"Both laws will be challenged and, in all likelihood, overturned by the courts as unconstitutional," Henry said. "I fear this entire exercise will ultimately be a waste of taxpayers' time and money."

Hours after the vote, a New York-based abortion-rights group challenged the ultrasound law in Oklahoma court. The group, the Center for Reproductive Rights, says the law violates a woman's right to privacy and to equal protection and violates the freedom of speech of doctors, the group's president, Nancy Northup, told The New York Times.

While other states require women to have ultrasounds, the Oklahoma law requires the monitor to be placed in her view, and the doctor must give her a description, including that of any limbs or organs the fetus has at that point. Doctors who violate the law could be fined or sued by the woman's relatives, and clinics that repeatedly fail to comply could be forced to stop performing abortions.

"This ultrasound law is the most restrictive one in the country," Stephanie Toti, a lawyer for the Center for Reproductive Rights, told The Oklahoman. "All providers will be forced to use the ultrasounds. A woman won't be able to seek a provider that doesn't use an ultrasound as standard practice."

Supporters, though, said it's intended to protect fetuses and a woman's mental health.

"Many women suffer severe emotional trauma as a result of having had an abortion," Tony Lauinger, chairman of Oklahomans for Life, said, according to The Oklahoman. "With this, women will have the full benefit of having all the information. We believe the effort not only saves the lives of unborn children, but it spares women from emotional or psychological distress that follows an abortion."

The second measure bans a woman from suing a health care provider because of an "omission contributed to the mother not having obtained an abortion." Supporters say women should have accurate information about their fetuses.

Abortion fights have been heating up in other states with new abortion restrictions.

Lawmakers in Nebraska passed a law this month that bans abortion at 20 weeks -- earlier than in other states -- because of the disputed belief that fetuses feel pain at that point. Another measure requires women in Nebraska to have a mental health screening before having an abortion.

The Kansas legislature approved a bill that forces doctors to give the state more detailed information about the late-term abortions they do, and allows women and their relatives to sue doctors of later-term procedures that are legally questionable. The measure was vetoed by Gov. Mark Parkinson on April 15, but it may be overridden.