Injunction Issued Against Oklahoma's New Ultrasound Law

This morning, Oklahoma County District Judge Noma Gurich agreed with the arguments of New York's Center for Reproductive Rights and issued an injunction to prevent Oklahoma's new ultrasound law, HB 2780, from taking effect at least until after a trial is held in 2011.

The ultrasound bill was passed by large margins in both the state House and Senate, vetoed in late April by Gov. Brad Henry, but then the House and Senate overrode the gubernational veto the following week. The state of Oklahoma defended the new law in court, and wanted it to take effect immediately. However, the judge disagreed, preventing it from taking effect as pro-life supporters and state legislators had fondly hoped..

State legislators have sought since 2006 to pass an Oklahoma law requiring women to have an ultrasound prior to an abortion. The rationale: informed consent by women. (According to research, some 80 percent or more of women who see an ultrasound fetal image of their unborn child will then decide against abortion). However, abortion proponents believe requiring a pregnant women contemplating abortion to have an ultrasound or sonogram presents an "unreasonable" restriction on their access to abortion. Two prior laws which had won legislative and/or gubernatorial approval were later invalidated by two different Oklahoma County judges on a technicality -- a violation of the state Constitution's single-subject rule. HB 2780 was passed by legislators as a stand-alone bill in 2010 to overcome this problem.