Oklahoma Abortion Prohibition Amendment, State Question 782 (2016)

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Oklahoma
Abortion Prohibition Amendment, State Question 782
Flag of Oklahoma.png
TypeAmendment
OriginCitizens
TopicAbortion
StatusNot on the ballot

Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

The Abortion Prohibition Amendment, State Question 782 was a constitutional amendment proposed for the Oklahoma ballot on November 8, 2016. The measure did not appear on the ballot.

The measure would have prohibited abortion.[1]

A March 22, 2016, Oklahoma Supreme Court ruling rejected the initiative petition, saying that the proposal would violate U.S. Supreme Court rulings.[2]

Text of measure

Constitutional changes

The measure would have added a new section to Article 2 of the Oklahoma Constitution.[1]

Full text

The full text of the measure can be found here.

Opposition

Lawsuit

On February 12, 2016, the ACLU filed a legal challenge to the proposed initiative on behalf of three Oklahoma City-area women and an Enid woman. The challenge said that the measure would violate the constitution by ignoring Supreme Court precedent.

The challenge said,[4]

It is abundantly clear that any measure that would interfere with a woman’s constitutionally protected reproductive rights, including the legal right to have access to abortion, is unconstitutional.[5]

Measure sponsor Thomas Russell Hunter said in response:[4]

The question is whether or not the Supreme Court ruling that born people have the right to kill unborn people was, in fact, constitutional in the first place ... That is what needs to be challenged ... You can search day and night through the Constitution and you will never find one line supporting the idea that human beings can be deprived of the right to live simply because they are small, weak and unwanted.[5]

The Oklahoma Supreme Court heard arguments on March 9, 2016.[6]

The Oklahoma Supreme Court rejected the petition on March 22, 2016, saying that the proposal would violate prior U.S. Supreme Court decisions. It also said that the state court "is not free to impose its own view of the law."[2] T. Russell Hunter, the primary sponsor of the petition, said in response to the decision:

It’s exactly what we expected them to do, gag the abolitionists’ petition, deny the people of Oklahoma the right to circulate and vote on a constitutional amendment. ... They ruled it was unconstitutional based on prior rulings and not an interpretation of the Constitution itself.[5]
—T. Russell Hunter[2]

Ryan Kiesel, executive director of the Oklahoma ACLU, said,

It’s abundantly clear that any measure that interferes with a woman’s reproductive rights, including the legal right to have access to abortion, is unconstitutional.[5]
—Ryan Kiesel[2]

Path to the ballot

See also: Laws governing the initiative process in Oklahoma

The measure was filed with the Oklahoma Secretary of State on January 27, 2016. According to Oklahoma law, after a petition is approved, supporters have 90 days to collect the required number of valid signatures. Petitioners for State Question 780 needed to collect 123,725 valid signatures by mid-May 2016, provided no official complaints complicated the process of approving the initiative for circulation.[1]

Because of the Oklahoma Supreme Court ruling, the measure did not appear on the ballot in 2016.[2]

State profile

Demographic data for Oklahoma
 OklahomaU.S.
Total population:3,907,414316,515,021
Land area (sq mi):68,5953,531,905
Race and ethnicity**
White:73.1%73.6%
Black/African American:7.2%12.6%
Asian:1.9%5.1%
Native American:7.3%0.8%
Pacific Islander:0.1%0.2%
Two or more:7.8%3%
Hispanic/Latino:9.6%17.1%
Education
High school graduation rate:86.9%86.7%
College graduation rate:24.1%29.8%
Income
Median household income:$46,879$53,889
Persons below poverty level:19.7%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Oklahoma.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Oklahoma

Oklahoma voted Republican in all seven presidential elections between 2000 and 2024.


More Oklahoma coverage on Ballotpedia

See also

Footnotes