Mothers, rights group challenge Oklahoma abortion bans

The lawsuit

Two Oklahoma mothers sued state officials Wednesday after traveling outside Oklahoma to end pregnancies that doctors determined were nonviable or involved fatal diagnoses. Magon Hoffman and Sheena Hamlin said the trips cost thousands of dollars and added hardship to the loss of wanted pregnancies.

The Center for Reproductive Rights filed the case in Oklahoma County District Court for the mothers, two Oklahoma obstetrician-gynecologists and Oklahoma Call for Reproductive Justice. The lawsuit argues that the state’s abortion bans violate pregnant women’s rights to life, liberty, due process and equal protection.

The defendants are Attorney General Gentner Drummond, Oklahoma County District Attorney Vicki Behenna, state Health Department Commissioner Keith Reed, medical licensing board Executive Director Sandra Harrison and osteopathic examiners board Executive Director Steven Mullins.

The care described

Oklahoma permits abortion in narrow circumstances to save the pregnant patient’s life. The Oklahoma Supreme Court affirmed a right to life-saving abortion care in 2023. The plaintiffs are asking the courts to apply that protection when prenatal testing shows a fatal fetal diagnosis.

Hoffman’s specialist diagnosed anencephaly after an anatomy scan at 19 weeks and told her the fetus had no chance of survival, the lawsuit states. She traveled to New Mexico for an abortion and paid because her insurance did not cover the out-of-state procedure. The lawsuit also says she lost her job because of the time she took off for the trip and care.

Hamlin was referred to a high-risk pregnancy specialist after a routine anatomy scan at 21 weeks. A follow-up ultrasound found that the pregnancy was not compatible with life, according to the lawsuit.