On November 21st, 2023, Attorney General Gentner Drummond released his opinion on the issue of criminal prosecution of women committing abortions, upon the request of Senators Warren Hamilton, Shane Jett, Nathan Dahm, and House Representatives Tom Gann and David Smith. In this opinion, he states that Oklahoma law, in its current state, does not allow for the prosecution of women for committing abortions.
The background of the matter is that Oklahoma’s current law, in Title 63, Section 1-733 states,
“No woman shall perform or induce an abortion upon herself, except under the supervision of a duly licensed physician. Any physician who supervises a woman in performing or inducing an abortion upon herself shall fulfill all the requirements of this article which apply to a physician performing or inducing an abortion.”
In his opinion, he essentially stated that this section doesn’t mean what it plainly says. In the summary of his opinion, he states,
“The answer to your question is no. Oklahoma law does not allow the punishment of pregnant women attempting an abortion, self-induced or otherwise. The Legislature has repeatedly made this clear in statutory text, and just last year, repealed the one law that would have expressly allowed such a prosecution. Nor is there any historical tradition of such punishment in Oklahoma or nationwide prior to the Roe v. Wade era. This in no way indicates that abortion is lawful, as long standing Oklahoma law prohibits the performance of—or the aiding and abetting of—every abortion throughout pregnancy except as necessary to save a pregnant woman’s life.”
In his opinion, he repeatedly appeals to the will of the legislature in allowing for this exception in many other parts of the law, and we should point out that the existence of these contradictory exceptions is a shame, but we ultimately believe that those exceptions are a legal nullity. Not only does this statute make this true, but the Oklahoman Constitution, the US Constitution, and – most importantly – God’s law make these exceptions legal nullities.
District Attorneys and Sheriffs of the same districts should treat opinion 2023-12 as the legal nullity that it is, and defy it. They should abolish abortion in their districts by enforcing this statute, appealing to the higher laws of the Oklahoma Constitution, the US Constitution, and God’s Law.
Attorney General Gentner Drummond’s opinion is WRONG. In his opinion, he makes the case that the will of the legislature can be ascertained by legal precedent, other laws passed by the legislature, and parts of the law that have been repealed by recent legislatures. To his credit, he is correct that the will of the legislature seems to be against the prosecution of mothers for abortion. What he fails to mention is that there was an attempt to repeal the statute in question last year, which failed. James Silberman, of the former Free the States, explained that Senate Bill 834, authored by Julie Daniels, attempted to repeal this section, along with protection abortifacient birth controls, IVF, and re-introducing rape and incest exceptions, which would have re-opened abortion mills in the state. Drummond fails to mention that the people of Oklahoma, and by extension their elective representatives, rose up to demand that this bill fail. This statute still exists because of the will of the people keeping it there. This reality is completely absent from Drummond’s opinion. While it’s true that this statute makes self-induced abortion a misdemeanor, and falls short of equal protection, it cannot be faithfully argued that the will of the people is against it, when the people just rose up to keep it there.
Not only is this true, as we stated earlier, the so-called “license to kill for mothers” is a legal nullity itself, because of the Oklahoman and US Constitutions. The Oklahoma Constitution states that, “All persons have the inherent right to life, liberty, the pursuit of happiness…” in Article 2, Section 2. Given that “persons” includes the preborn, as any conservative lawmaker would be proud to tell you, any exception that allows for the homicide of a person is clearly a legal nullity. Oklahoma lawmakers know this, but they have yet to be truly pressured by the Oklahoman people to act in accordance with this reality. This is our job as Oklahoman Christians, and the mission of Abolish Abortion Oklahoma. Dear reader, it’s your job, too.
The Oklahoman Constitution also appeals to the US Constitution as the “Supreme Law of the Land” in Article 1, Section 1.
“The State of Oklahoma is an inseparable part of the Federal Union, and the Constitution of the United States is the supreme law of the land.”
The US Constitution states in the Equal Protection clause of the 14th amendment, that, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
So, for an Attorney General, whose job is to counsel district attorneys on the enforcement of the laws, to openly defy the Oklahoma Constitution and the US Constitution, is a damning farce. The Oklahoma Constitution appeals to the US Constitution, and the US Constitution binds state law when it comes to equal protection of all peoples within their jurisdictions.
The repeal of Roe Vs Wade showed us something that any honest legal student would tell you is true: a legal nullity should have always been treated as such. It is to our shame that we allowed our legislators to bow to Roe for nearly fifty years. We should not do the same in Oklahoma. Roe was merely a legal opinion. AG Opinion 2023-12 is also a mere legal opinion. When it is in direct opposition to the higher law of both superseding constitutions, and the Word of God, it should be treated like the legal nullity that it is. Attorney General Drummond should repeal this opinion, or be replaced by the people with someone who will. He should issue guidance that is in line with the law, that nullifies legislation that is in contradiction with the law. This statute is not in contradiction with the law, except that it falls short of equal protection. This statue is, in fact, the only thing within Oklahoman law that even comes close to equal protection.
So, district attorneys who have sworn an oath on the Bible, to both the US and OK Constitutions, should do good by their oaths, and establish equal justice by abolishing abortion, and enforcing it as homicide within their jurisdictions. Christians themselves should call on their district attorneys to do just that. Set up meetings with them, educating them on this issue, calling them to repentance where they have been derelict in their duties. Local citizens should work with their city councils and other local bodies to pass resolutions that call on DAs to do just that, as well as calling on our state-level officials to do the same.
To the same end, we should also support legislation that seeks to abolish abortion. In this next legislative session, Senator Warren Hamilton will be once again introducing a bill of abolition, which we should labor to advance. If Dusty Deevers wins the seat in District 32, he will also be advancing that legislation, or writing his own. Lord willing, we will be in a position to truly pressure the legislature to abolish abortion, with real weight behind our threats to their power. As the abolitionist movement has exploded over the last few years, we should also bolster our efforts to elect even more abolitionist legislators, in both the House and the Senate. Dear reader, even you may consider answering the call to run for office yourself. Abolish Abortion Oklahoma is seeking to be the preeminent organization to support those efforts. Would you consider joining us, or contributing financially to the cause?
Oklahoma is in many ways the torch-bearer when it comes to the movement calling for the abolition of abortion. If we, as Oklahomans, would do our duty in this battle, using our prophetic voice against the law-defying rulers of our day, God would bless our efforts, and we would win. In many ways, the main thing keeping Oklahoma from finally abolishing abortion is our own lack of obedience. Let’s repent, and let’s finally rise up as the church, abolishing abortion to the glory of God.
