Oklahoma lawmakers sent a bill to the governor that would essentially outlaw abortion in Oklahoma. The legislation is the first of its kind in the country.
The legislation sent to Governor Mary Fallin makes performing an abortion in the state of Oklahoma a felony and punishes anyone who performs them.
If the governor signs the bill, doctors in Oklahoma who perform abortions could face three years in prison and a revoked medical license.
The State Senate passed the legislation 33 to 12.
The bill’s author, Broken Arrow Republican Senator Nathan Dahm said, “By making this change, now if a doctor also does that and commits…does an abortion, then, yes, that could also subject them to a felony as well."
Dahm, the Senate majority whip said it’s a push to overturn Roe Vs. Wade not only in Oklahoma but set a precedent for the rest of the country.
Women's rights activists call the move unconstitutional.
One Tulsa women's right's attorney said she believes the legislation will no doubt be challenged by the courts, something the author said he expects, saying the Supreme Court has been wrong before.
"In the Dred Scott decision - which was one of the worst decisions in court history - they said that African Americans were considered property, not people, and so the court has been inconsistent with what it's definition of a person is," Dahm said.
While abortion opponents support the bill, many abortion rights supporters are gearing up for a long battle if it becomes law.
Dahm said the Liberty Council has agreed to defend it, at no cost to taxpayers, if it’s challenged in court.
Fallin said she wants to review the bill before saying whether she will sign it.