Oklahoma Senate overrides governor's vetoes to pass abortion laws
By the CNN Wire Staff
April 27, 2010 5:14 p.m. EDT
STORY HIGHLIGHTS
* One law requires ultrasound, listening to description of what it shows before an abortion
* Center for Reproductive Rights says it had filed a lawsuit challenging the new law
* Other law protects doctors who withhold data or give inaccurate information about pregnancies
* Laws' critics cite privacy, negligence issues; backers say the people have spoken
(CNN) -- The Oklahoma Senate voted Tuesday to override the governor's vetoes and pass two abortion-related laws.
One law requires women to undergo an ultrasound examination and listen to a description of what it shows before getting an abortion.
Senate President Pro Tempore Glenn Coffee, a Republican, said Tuesday's vote shows that lawmakers listened to Oklahoma's residents and "made a bold statement in support of the sanctity of life." But Democratic Gov. Brad Henry has called the legislation "an unconstitutional attempt by the Oklahoma legislature to insert government into the private lives and decisions of its citizens."
Henry vetoed the bill and another abortion-related measure Friday, but the state House on Monday overwhelmingly voted to override both vetoes, with House Speaker Chris Benge, a Republican, lauding his colleagues for "moving quickly." The Senate's 36-12 vote Tuesday was the final step required to make the bills laws.
"Those who rallied behind this cause reflected the core values of Oklahoma citizens, and I applaud my colleagues in providing more safeguards for the life of the unborn," Coffee said.
Henry said he was disappointed by Tuesday's vote. "It signals the beginning of another costly and possibly futile legal battle for the state of Oklahoma. Both laws will be challenged and, in all likelihood, overturned by the courts as unconstitutional," he said. "I fear this entire exercise will ultimately be a waste of taxpayers' time and money."
In a statement issued after his vetoes Friday, he sharply criticized the laws.
"State policymakers should never mandate that a citizen be forced to undergo any medical procedure against his or her will, especially when such a procedure could cause physical or mental trauma," Henry said. "To do so amounts to an unconstitutional invasion of privacy."
He said one of the flaws of the ultrasound bill is that it lacks an exemption for rape and incest victims.
Henry vetoed similar legislation in 2008. His veto was overridden. The State Supreme Court struck down the legislation because it contained multiple subjects, a violation of the state Constitution requiring measures to deal with a single subject, Senate spokeswoman Malia Bennett said.
"Politicians have no business making medical decisions. When they do, it seriously undermines doctors' ability to give patients the best medical care and does absolutely nothing to improve the health of patients," she said.
The governor says the measure is unconstitutional because it puts "government into the private lives and decisions of its citizens." He said opponents are prepared to challenge the measure again.
"Because a similar provision of law has already been struck down by the courts, this legislation will be challenged again, resulting in a costly and potentially futile legal battle for the state," he said.
The Center for Reproductive Rights said Tuesday that it had filed a lawsuit challenging the new law. Stephanie Toti, a staff attorney for the center, said the law is "clearly unconstitutional" and "detrimental to women."
Coffee said challenging the new laws in court would go against what Oklahoma residents want.
"The voice of the people has spoken, twice now this session in the Senate and twice in the House, and I sincerely hope those who would reverse the people's voice would think twice before acting," he said.
The other measure approved by legislators Tuesday prohibits pregnant women and their families from seeking legal damages if physicians "knowingly and negligently" withhold key information or provide inaccurate information about their pregnancies.
Henry, in opposing the bill, said it would be "unconscionable to grant a physician legal protection to mislead or misinform a pregnant woman in an effort to impose his or her personal beliefs on his patient."
Such an issue would be particularly relevant to fetuses with disabilities.
"By prohibiting recovery of damages in wrongful birth and life malpractice actions, the legislation would allow unscrupulous, reckless or negligent physicians to knowingly withhold information or negligently provide inaccurate information to pregnant women without facing the potential of legal consequences," the governor said.
The House voted to override the veto of the ultrasound bill by a vote of 81 to 14, well above the three-fourths majority required. State Rep. Lisa Billy, a Republican, said the bill "does nothing more than give women as much information as possible before they make the life-altering decision to have an abortion."
"I don't want a single woman to go through the lifelong torture of having an abortion without having all the relevant information," Billy said.
The House voted 84 to 12 to override the veto of the legal damages prohibition. State Rep. Dan Sullivan, a Republican, said the bill "simply states that a doctor cannot be sued based on the opinion after birth that a child would have been better off if he or she had been aborted."
"A bipartisan coalition of members supported this bill the first time, and I am pleased they did again today," Sullivan said.
Benge, the House speaker, said, "We must move to stop the degradation of human life seen in recent years and stand up for those who cannot defend themselves."
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