Oklahoma City, OK - A bill that would have outlawed abortion in Oklahoma, even in cases of rape, incest or the health of the mother, will not be heard by the legislature. 

Senate Bill 13, authored by Broken Bow Senator Joseph Silk, was not heard in committee Monday, essentially killing it.

Hundreds demonstrated in favor of Senate Bill 13 last week, and more came to the Capitol Monday, demanding it be heard in committee.

 But Committee Chair Jason Smalley (R) Stroud said he didn’t like the language in the bill and refused to let it be heard.

“Senator Silk’s motives are in the right, Senator Silk’s movement I support. We all probably want the same thing in the long run, but I support moving the football one yard at a time, not a Hail Mary.”

Besides, Senator Smalley says, abortion is already illegal in Oklahoma.

“Title 21: Chapter 32 Section 861, already criminalizes abortion in the state of Oklahoma.  And so, if this is an issue about banning abortion, well we already have those laws,” says Senator Smalley.

According to state statute, “Every person who administers to any woman...or employs any instrument...with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than two (2) years...”

“And so, this is already existing law in the state of Oklahoma that our attorney general and our governor can enact that if they want to, and if they feel like maybe they need to challenge Roe v. Wade from the federal level,” said Senator Smalley.

Senator Joseph Silk (R) Broken Bow said, “So there is a law on the books that isn’t upheld, and we’ve basically undermined that law by all this pro-life legislation that is legalizing abortion.”

Senator Silk says a lot of Oklahoma politicians run on a pro-life platform, but he says when they have a chance to vote on anti-abortion legislation.

“They do everything they can behind the scenes to keep it from happening. So, it’s hypocritical corrupt politics is what’s going on,” said Senator Silk.

Senator Silk says he will continue pushing legislation that outlaws abortion in Oklahoma.