Oklahoma Just Passed a Horrifying Ban on Abortions Starting at the Moment of ‘Fertilization’

Oklahoma’s Governor Kevin Stitt has signed into law a total ban on abortion in the state. The law is similar to the one recently passed in Texas, which circumvents constitutional protections laid out in Roe v. Wade by deputizing regular citizens to essentially act as bounty hunters, allowing them to bring lucrative civil suits against anyone performing or otherwise aiding an abortion.

But while Texas’ draconian ban outlaws abortion at six weeks—already long before most people know they’re pregnant—Oklahoma takes things a terrifying step further with HB 4327 and bans abortion starting at the moment of “fertilization.” The only exceptions are in instances to save the life of the pregnant person or in cases of rape or incest that have been reported to law enforcement.

The law also manages to fit in some appallingly transphobic language, stating that the ban applies to women, which is defined by these cis Republican lawmakers as a person with XX chromosomes and anyone with a uterus, “regardless of any gender identity that the person attempts to assert or claim.”

HB 4327 is now the first total abortion ban in the country but it’s also not the only ban Stitt has signed into law recently. In addition to a Texas-style six-week ban, he also signed SB 612 just last month, which makes it a felony to perform or attempt to perform an abortion, punishable by up to 10 years in prison and a $100,000 fine. Unlike HB 4327, this law, SB 612, is not backed by private enforcement. These are criminal charges, enforced by the state. That means it’s not yet enforceable because it is, for now, still unconstitutional. But as we know thanks to that recently leaked decision draft, the Supreme Court is on track to overturn constitutional abortion protections. That decision is believed to be coming in June, and Oklahoma’s felony ban is set to take effect in August.

The Republican justification for these bills is pure hypocrisy. As Glamour’s Jenny Singer writes:

Republican lawmakers, including Governor Kevin Stitt, have attempted to position the law as a lifesaving effort. “From the moment life begins at conception is when we have a responsibility as human beings to do everything we can to protect that baby’s life and the life of the mother,” Stitt said, following the signing. This is disingenuous considering Oklahoma ranks 40th in the nation for maternal deaths. 

“Instead of working to make communities safer, Oklahoma politicians have made it their priority to outlaw abortion, even while Roe stands,” Alexis McGill Johnson, president and CEO of Planned Parenthood, said in a statement. “The cruelty of this law and this crisis cannot be overstated. At a time when communities are facing senseless tragedies and immeasurable grief, politicians have opted to use their position and power to instill more fear — all while taking away people’s right to decide what is best for their own bodies, lives, and futures at every turn.”

If and when Roe v Wade is overturned, large swaths of the country will become abortion deserts. As Tamya Cox-Touré, Oklahoma Call for Reproductive Justice co-chair puts it: “Ultimately, who will be prevented from having an abortion under this ban? The people who don’t have the funds or resources to travel out of state.”

“Abortion bans are systemic discrimination at work,” Cox-Touré says. “We won’t stop fighting for Oklahomans, especially those who face often insurmountable barriers to accessing abortion: Black people, people of color, people who live in rural areas, and people struggling to make ends meet.” 

(image: Alex Wong/Getty Images)