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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE JOINT
RESOLUTION 1044 By: Munson
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to the Constitutio n of
the State of Oklahoma by adding a new Article to be
designated as Article XXXI; defining terms; providing
for right to reproductive freedom ; providing for
severability; providing ballot tit le; and directing
filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejec tion, as and in the manner provided by l aw,
the following proposed amendment to the Oklahoma Constitution which
would add a new article to be designated as Article XXXI:
Section 1. As used in this article :
1. A state interest is "compelling" only if it is for the
limited purpose of protecting the health of an individual seeking
care, consistent with accepted clinical standards of practice and
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evidence-based medicine, and does not infringe on that individual 's
autonomous decision making;
2. "Fetal viability" means the point in pregnancy where, in the
professional judgment of an attending health care professional and
based on the particular facts of the case, there is a significant
likelihood of the fetus 's sustained survival outside the uterus
without the application of extraordinary medical mea sures;
3. "Health care professional" means any medical staff and
physicians who provide reproductive health care and are licensed to
perform reproductive hea lth care services; and
4. "Individual" means anyone sixteen (16) years of age and
above, the age of consent in Oklahoma, or if under the age of
consent, the consent of his or her parent or legal guardian.
Section 2. Right to Reproductive Freedom .
A. Every individual has a fundamental right to reproductive
freedom, which entails the right to make and effectuate decisions
about all matters relating to pregnan cy, including, but not limited
to, prenatal care, childbirth, postpartum care, contraception,
sterilization, abortion care, miscarriage management, and
infertility care. An individual's right to reproductive freedom
shall not be denied, burdened , nor infringed upon unless justified
by a "compelling" state interest achieved by the least restrictive
means. Notwithstanding the above, in no circumstance shall the
state prohibit an abortion that, in th e professional judgment of an
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attending health care professional, is medically indicated to
protect the life or physical or mental health of the pregnant
individual.
B. The state shall not discriminate in the protec tion or
enforcement of this fundamental right.
C. The state shall not penalize, prosecute, or ot herwise take
adverse action against an individual based upon his or her actual,
potential, perceived , or alleged pregnancy outcomes, including , but
not limited to, miscarriage, stillbirth, or abortio n, nor shall the
state penalize, prosecute, or otherwise take adverse action ag ainst
someone aiding or assisting a pregnant individual in exercising his
or her right to reproductive freedom with their voluntary consent.
The state shall not penalize, prose cute, or otherwise take adverse
action against any health care professional providing reproductive
health services.
Section 3. Severability.
This article shall be self-executing. The provisions of this
article are severable, and if any p art or provision hereof shall be
void, invalid, or unconstitutional, t he decision of the court so
holding shall not affect or impair any of the remaining parts or
provisions hereof, and the remaining provisions here of shall
continue in full force and effect.
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SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ___ _
THE GIST OF THE PROPOSITION IS AS F OLLOWS:
This proposed constitutional amendment would a dd Article 31 and
establish a new individual right to reproductive freedom,
including the right to make and carry out all decisions about
pregnancy, such as prena tal care, childbirth, pos tpartum care,
contraception, sterilization, abortion, miscarriage manage ment,
and infertility; allow the state to regulate abortion after
viability, but not prohibit it if medically needed to protect a
patient's life or physical or me ntal health; forbid state
discrimination in enforcement of this right; prohibit
prosecution of an individual, or person helping a pregnant
individual, for exercising rights established by this amendment;
and invalidate state laws conflicting with this amen dment.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The Chief Clerk of the House of R epresentatives,
immediately after the passage of this resolution, shall prepare and
file one copy thereof, includ ing the Ballot Title set forth in
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SECTION 2 hereof, with the Secretary of State and one copy with the
Attorney General.
59-1-7111 TJ 01/18/23