Judge Rules Anti-Abortion Bill Unconstitutional

By Dave Jordan, NEWS 9

OKLAHOMA CITY - Oklahoma County District Judge Vicki Robertson ruled Tuesday that Senate Bill 1878, an anti-abortion law, is unconstitutional.

Judge Robinson said the measure was unconstitutional because it failed to follow the single subject rule. Because the law was technically a combination of five bills, the judge ruled that it violated the state constitution because it didn't deal with just one issue.

The law would have required that women receive an ultrasound one hour before an abortion and would have to listen to their doctor describe the fetus.

Plaintiffs' attorneys said the law is unconstitutionally vague and it is not clear what the doctor should tell the women undergoing the ultrasound.

Defense attorneys said the law requires doctors to describe the dimensions of the fetus as well as cardiac activity and other physical details.

Attorney Stephanie Toti represents a Tulsa reproductive group which challenged the abortion law and said the judge's reasoning was entirely sound.

"This was an ominibus provision the intention of which was to intimidate and stigmatize both women seeking abortions and the physicians who provide that health care," said Stephanie Toti with the Center for Reproductive Rights.

But some pro-life activists found the judge's ruling hard to swallow.

"We believed all the provisions in bill were closely related and they involved women's health and the taking of human lives, so we're sorry about the judge's decision," said Anthony Lauinger with Oklahomans for Life, INC.

The law was passed by lawmakers who overrode Gov. Brad Henry's veto. Henry said it was unconscionable to require victims of rape and incest to undergo the ultrasound.

The state hasn't decided yet whether to appeal the ruling.

Governor's Henry declined to comment on Tuesday's ruling because of the potential for an appeal.

House Speaker Chris Benge, (R) Tulsa, released a statement saying he was disappointed with the judge's ruling and urges the attorney general to appeal the decision.

The Associated Press contributed to this report.

More on News9.com:

Oral Arguments Made in Lawsuit Over Oklahoma's Abortion Law
Oklahoma Lawmakers Oppose Abortion Provision in Health Care Bill
Legislators Override Henry's Veto on Abortion Bill