Oklahoma Abortion Law Temporarily Blocked

Staff and Wire Reports

OKLAHOMA CITY -- Oklahoma Attorney General Drew Edmondson has agreed to a court order requested by abortion providers to temporarily block enforcement of a new state law, which requires women to get an ultrasound and hear a detailed description of the fetus.

The agreement was announced Monday, before a scheduled hearing in Oklahoma County District Court on the request for a temporary restraining order by the Center for Reproductive Rights. District Judge Noma Gurich said attorneys for both sides told her they would accept the order.

The Attorney General's office said the extra time was needed to hire an abortion law expert.

"We consulted with the person we're looking at contracting with and she agreed this was the best course of action. We've also informed the legislature that's what we were planning to do and they didn't give us any objection so we went ahead," said Charlie Price, the Attorney General's spokesperson.

Judge Gurich said the next court date will be July 19 on a request for a temporary injunction against the law. An injunction would extend the restraining order. She signed the temporary restraining order Monday.

Tony Lauinger, state chairman of the group Oklahomans for Life and vice president of the National Right to Life Committee, expressed disappointment.

"We're sorry to see implementation of the law delayed" Lauinger said. "This has been a long process and apparently it will be a little longer."

Lauinger said he believes the law will eventually be upheld.

"It's very consistent with the kinds of things the United States Supreme Court said about informed consent in the context of abortion. This will allow a woman to give her truly conformed consent to an abortion," said Lauinger.

The abortion law went into effect last week after the state House and Senate overrode Gov. Brad Henry's veto of the bill.

The person who performs the ultrasound must describe the dimensions of the fetus, whether arms, legs and internal organs are visible and whether the physician can detect cardiac activity. He or she must also turn a screen depicting the images toward the woman so she can see them.

A lawsuit was filed by the New York-based Center for Reproductive Rights on behalf of two Oklahoma abortion providers, Nova Health Systems, operator of Reproductive Services of Tulsa, and Dr. Larry Burns, who the group said provides abortions in Norman.

The lawsuit claims the law is unconstitutional, arguing it burdens the free speech rights of abortion providers and their patients.

"It's forcing women to be unwilling listeners to free speech that otherwise they wouldn't have to hear," said Jennifer Mondino, an attorney for the Center for Reproductive Rights in New York City.

The Center for Reproductive rights has said the law is among the nation's strictest measures against abortion. It said the ultrasound requirement intrudes upon a patient's privacy and forces a woman to hear information that may not be relevant to her medical care. The group also believes it could interfere with the doctor-patient relationship by compelling physicians to deliver unwanted speech.

Lauinger said the measure is an attempt to save the lives of unborn children and prevent psychological trauma to pregnant woman.

Officials at Reproductive Services of Tulsa have said the requirements of the law had drawn emotional responses from patients. They said some patients have left the room where ultrasounds procedures are performed in tears because of what they had to hear.

"I think arguing that forcing women to have to see images of an ultrasound and hear a really detailed description of that ultrasound because they're trying to provide information to women is really disingenuous. I think this is another way to shame women who are choosing to have abortions," said Mondino.