Abortion; creating the Equal Protection and Equal Justice Act; modifying and adding definitions relating to homicide. Emergency.
If enacted, SB1372 will significantly alter the legal landscape surrounding abortion and rights afforded to unborn children in Oklahoma. It emphasizes a broader interpretation of personhood, with implications for both judicial decisions and legislative actions. The bill expresses that existing abortion laws and regulations shall continue, but will be modified in light of these new definitions and protections. This could result in legal uncertainties regarding previous judicial rulings on abortion and establish a platform for potential challenges against federal oversight. The enforcement of the law will be monitored by the state Attorney General, disregarding previous Supreme Court perspectives, which may lead to direct conflicts and significant legal challenges.
Senate Bill 1372, known as the 'Equal Protection and Equal Justice for All Oklahomans Act,' seeks to enhance the legal protections of unborn children, asserting their rights from the moment of fertilization. The bill claims to offer equal protection under law for all human life, specifying that unborn children are entitled to the same rights as persons. It aims to modify various definitions related to homicide to include unborn children and asserts that acts causing the death of unborn children may be categorized as homicide, with certain prohibitions and protections for the mother stipulated within the law. Furthermore, the bill attempts to annul any federal or court regulations that may contradict its provisions, positing that such laws are illegitimate under the Oklahoma Constitution.
Notable points of contention surrounding SB1372 arise from its attempt to preempt federal law and judicial authority. Critics of the bill express concerns about potential violations of established legal precedents, which may provoke litigation. There are fears that the bill undermines women's health rights and reproductive choices by imposing stricter definitions of personhood and legal implications on reproductive health decisions. Moreover, the bill suggests severe consequences for judicial figures who might oppose or attempt to modify the enforcement of this act, posing ethical and legal dilemmas about separation of powers and judicial independence.