Oklahoma Governor Brad Henry Vetoes Abortion Bills

NewsOn6.com

OKLAHOMA CITY – Governor. Brad Henry on Friday vetoed abortion legislation previously declared unconstitutional by the courts, saying House Bill 2780 had numerous flaws and would ultimately result in another expensive and possibly futile legal battle for the state.

HB 2780 would have forced women to undergo an ultrasound and listen to a detailed description of it before they could obtain an abortion.

In his veto message, Governor. Henry reiterated his support for reasonable restrictions on abortion, but said HB 2780 had several flaws, including the lack of an exemption for rape and incest victims.

4/20/2010 Related Story: Oklahoma Senate Approves Ultrasound, Anti-Abortion Bills

"By forcing the victims of such horrific acts to undergo an ultrasound and listen to a detailed description of the procedure after they have faced the unspeakable trauma of rape or incest, the state victimizes the victim for a second time. It would be unconscionable to subject rape and incest victims to such treatment," Henry said.

"Because a similar provision of law has already been struck down by the courts, this legislation will be challenged again, resulting in a costly and potentially futile legal battle for the state."

The bill was authored by State Rep. Lisa Billy. She argued that although doctors routinely perform ultrasounds prior to abortions, the patients are not shown the pictures.

"For women facing an unplanned pregnancy, there is often a sense of distress, panic and fear that can drive people to make hasty decisions without considering long-term consequences. This legislation will empower those expectant mothers by giving them as much information as possible – in advance – before they make an irrevocable, life-altering decision," said Billy, R-Purcell.

The Speaker of the Oklahoma House called the veto a disappointment.

"This is a very disappointing day for Oklahomans who care about maintaining a culture of life in Oklahoma," said House Speaker Chris Benge, R-Tulsa.  "This issue is not about Democrats and Republicans or left versus right – it's about doing what's right, which is why these bills have received strong bipartisan support.  We will not give up our efforts to protect the unborn, and will make an attempt to override these vetoes."

In other bill action, Gov. Henry also vetoed HB 2656, legislation that would have prohibited pregnant women and their families from seeking legal damages if physicians knowingly or negligently withheld important information or provided inaccurate information to them about their pregnancy.

In his veto message, the governor said the legislation was potentially detrimental to all pregnant women and their families.

"By prohibiting recovery of damages in wrongful birth and life malpractice actions, the legislation would allow unscrupulous, reckless or negligent physicians to knowingly withhold information or negligently provide inaccurate information to pregnant women without facing the potential of legal consequences," Henry said.

"At the very least, pregnant women and their families should expect to receive accurate, comprehensive information from their doctor so they can make appropriate medical decisions. It is unconscionable to grant a physician legal protection to mislead or misinform a pregnant woman in an effort to impose his or her personal beliefs on his patient," he said.

Rep. Dan Sullivan, who authored HB 2656, disagreed.

"This is a simple, noncontroversial bill that did not prevent lawsuits for wrongful actions that actually harm a child, and it received broad bipartisan support," said Sullivan, R-Tulsa. "To argue that a child would be better off dead than given a chance at life is a gross perversion of our justice system and should never be a legitimate basis for suing a doctor."

Because both bills included emergency clauses, it would take a three-fourths vote by each chamber of the Legislature to override the governor's veto. Bills that do not contain an emergency clause require only a two-thirds vote to override.