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Oklahoma Court Tosses Abortion Law on Hospital Privileges

State of Oklahoma-File photo

The Oklahoma Supreme Court has thrown out a law requiring doctors at abortion clinics to have hospital admitting privileges.

The court on Tuesday said 2014's Senate Bill 1848 violates the U.S. Constitution by creating an undue burden on a woman's access to abortion. The court also said the law violates the Oklahoma Constitution by including more than one subject in the measure.

Besides the provision on admitting privileges, the law directs the state health board to create several abortion-related rules.

The ruling overturns a lower court's decision in February that upheld the law. Justices cited the U.S. Supreme Court's June decision a nearly identical Texas law created an undue burden.

"The Oklahoma Supreme Court has clearly rejected a clinic shutdown law and affirmed women's dignity to be able to access health care from expert professionals based on the expertise of those health care professionals, not the agendas of politicians, who are injecting their beliefs into women's personal decisions," said Genevieve Scott with the Center for Reproductive Rights.

The New York-based Center for Reproductive Rights challenged the law on behalf of Dr. Larry Burns. The Norman physician has said he applied for admitting privileges at hospitals in the Oklahoma City area, but was turned down.

In October, the Oklahoma Supreme Court ruled against a different abortion law imposing several restrictions, including a stricter inspection system for clinics.

"These laws are, really, sham laws that are advanced for [protective] reasons, but the real intent is to target health care providers and shut down clinics to make impossible for women to get the safe, legal and essential reproductive health care that they need," Scott said.

Laura McQuade with Planned Parenthood Great Plains called the court's Tuesday ruling a victory but said she anticipates more legislation aimed at shutting down abortion providers.

"What we hope and what we will work with our partner legislators in Oklahoma to do is to see that energies need to be spent in different ways in improving the health and lives of everyone in Oklahoma," McQuade said.

Supporters of SB 1848 say it protects the health and safety of women.

Matt Trotter joined KWGS as a reporter in 2013. Before coming to Public Radio Tulsa, he was the investigative producer at KJRH. His freelance work has appeared in the Los Angeles Times and on MSNBC and CNN.