Women Claim Anti-Abortion Bill Unconstitutional

By Gan Matthews, NEWS 9

OKLAHOMA CITY -- Another Oklahoma anti-abortion bill is on legal hold, just days before it was scheduled to take effect. Once again the state of Oklahoma will have to defend the constitutionality of a bill passed by the state legislature.

At issue is House Bill 1595, passed by the legislature last spring and scheduled to take effect on November 1. Two Oklahoma women, including a former lawmaker, filed a lawsuit claiming the law violates the state constitution.

An Oklahoma County Judge has issued an order blocking the bill from taking effect for now.

House Bill 1595 prohibits any abortion sought solely because of the sex of the child, and it requires physicians who perform abortions to report certain information to the state.

Get a copy of House Bill 1595 online

Plaintiff Wanda Jo Stapleton said the bill forces pregnant women to answer a series of questions.

“Thirty-seven probing, intense, intensely personal questions and it will be posted-- their answers, on the Internet, by month and by county," said Plaintiff Wanda Jo Stapleton.

Stapleton said the bill is unconstitutional because the bill violates a constitutional requirement that legislative measures deal only with one subject.

Last year, the Legislature passed Senate Bill 1878, which requires a woman seeking an abortion to view an ultrasound of her fetus and listen to a doctor's description one hour before the procedure. A federal court will rule on its constitutionality.

State Senator Todd Lamb is a sponsor of both bills.

“I think in the appeal will prevail. It's strong public policy. It's positive public policy. And this bill--House Bill 1595--it's a strong piece of legislation, common sense legislation,” said Sen. Todd Lamb

The state Attorney General asked for more time to defend the latest law--House Bill 1595--and the judge has scheduled a hearing on the bill for December 4. The suit challenging the law has the support of the New York City-based Center for Reproductive Rights.

More on News9.com: Attorney General to Appeal Judge's Anti-Abortion Law Decision