Oklahoma State Question 828, Right to Reproductive Freedom Initiative (2024)
| Oklahoma State Question 828 | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Abortion | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
Oklahoma State Question 828, the Right to Reproductive Freedom Initiative, was not on the ballot in Oklahoma as an initiated constitutional amendment on November 5, 2024.
The initiative would have provided a state constitutional right to reproductive freedom, defined to include abortion, contraception, sterilization, miscarriage management, and all matters related to pregnancy.[1]
Text of measure
Ballot title
The ballot title would have been as follows:[1]
| “ |
This proposed constitutional amendment would add Article 2 section 38 and establish new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility; Allow state to regulate abortion after fetal viability, but not prohibit if medically needed to protect a patient's life or physical or mental health; Forbid state discrimination in enforcement of this right; Prohibit prosecution of an individual, or a person helping a pregnant individual, for exercising rights established by this amendment; Invalidate state laws conflicting with this amendment.[2] |
” |
Full text
The full text of the measure is available here.
Sponsor
Roger Coody sponsored the initiative. Coody said, "I don’t ever want to see anybody else’s right stripped away from them, because you never know when it is going to be yours. I am just trying to do my best to change things."[3]
Background
U.S. Supreme Court Ruling on abortion, 2022
On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there is no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.
Abortion laws by state
- See also: Abortion regulations by state
As of September 1, 2022, 44 states restricted abortions after a certain point in pregnancy.[4] The remaining six states and Washington, D.C., did not. Of the 44 states with established thresholds for restrictions on abortion:
- Eleven states restrict abortion after conception
- Two states restrict abortion at six weeks since the last menstrual period
- One state restricts abortion at 15 weeks post-fertilization
- One state restricts abortion at 18 weeks since the last menstrual period
- Nine states restrict abortion at 20 weeks post-fertilization or 22 weeks since the last menstrual period
- Four states restrict abortion at 24 weeks since the last menstrual period
- 15 states restrict abortion at fetal viability
- One state restricts abortion in the third trimester
The map and table below give more details on state laws restricting abortion based on the stage of pregnancy as of 2022. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.
Some of the terms that are used to describe states' thresholds for abortion restriction include the following:
- Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the patient's life or health is threatened.[5]
- Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[6][7]
- Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[8]
- Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[9]
- Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.[10]
- Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.[10]
| State abortion restrictions based on stage of pregnancy | ||
|---|---|---|
| State | Does the state restrict abortion after a specific point in pregnancy? | Threshold for restriction |
| Alabama | Yes | Conception |
| Alaska | No | None |
| Arizona | Yes | Fetal viability |
| Arkansas | Yes | Conception |
| California | Yes | Fetal viability |
| Colorado | No | None |
| Connecticut | Yes | Fetal viability |
| Delaware | Yes | Fetal viability |
| Florida | Yes | 15 weeks since last menstrual period |
| Georgia | Yes | Six weeks since last menstrual period |
| Hawaii | Yes | Fetal viability |
| Idaho | Yes | Conception |
| Illinois | Yes | Fetal viability |
| Indiana | Yes | 22 weeks since last menstrual period |
| Iowa | Yes | 20 weeks post-fertilization |
| Kansas | Yes | 20 weeks since last menstrual period |
| Kentucky | Yes | Conception |
| Louisiana | Yes | Conception |
| Maine | Yes | Fetal viability |
| Maryland | Yes | Fetal viability |
| Massachusetts | Yes | 24 weeks post-fertilization |
| Michigan | Yes | Fetal viability |
| Minnesota | Yes | Fetal viability |
| Mississippi | Yes | Conception |
| Missouri | Yes | Conception |
| Montana | Yes | Fetal viability |
| Nebraska | Yes | 20 weeks post-fertilization |
| Nevada | Yes | 24 weeks post-fertilization |
| New Hampshire | Yes | 24 weeks since last menstrual period |
| New Jersey | No | None |
| New Mexico | No | None |
| New York | Yes | Fetal viability |
| North Carolina | Yes | 20 weeks post-fertilization |
| North Dakota | Yes | 20 weeks post-fertilization |
| Ohio | Yes | Six weeks since last menstrual period |
| Oklahoma | Yes | Conception |
| Oregon | No | None |
| Pennsylvania | Yes | 24 weeks since last menstrual period |
| Rhode Island | Yes | Fetal viability |
| South Carolina | Yes | 20 weeks post-fertilization |
| South Dakota | Yes | Conception |
| Tennessee | Yes | Conception |
| Texas | Yes | Conception |
| Utah | Yes | 18 weeks since last menstrual period |
| Vermont | No | None |
| Virginia | Yes | Third trimester since last menstrual period |
| Washington | Yes | Fetal viability |
| Washington, D.C. | No | None |
| West Virginia | Yes | 20 weeks post-fertilization |
| Wisconsin | Yes | 20 weeks post-fertilization |
| Wyoming | Yes | Fetal viability |
| Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed September 1, 2022; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed September 1, 2022; The Fuller Project, "How major abortion laws compare, state by state," accessed September 1, 2022 | ||
Abortion ballot measures in 2022
The following table provides a list of abortion-related measures that were on the ballot in 2022:
| State | Date | Measure | Description | Outcome |
|---|---|---|---|---|
| Kansas | Aug. 2 | Amendment | • Amend the Kansas Constitution to state that nothing in the state constitution creates a right to abortion or requires government funding of abortions • Declare that the state Legislature has to power to pass laws regarding abortion |
 |
| California | Nov. 8 | Proposition 1 | • Amend the California Constitution to provide that the state cannot "deny or interfere with an individual’s reproductive freedom in their most intimate decisions," including decisions to have an abortion or to choose or refuse contraceptives |  |
| Kentucky | Nov. 8 | Amendment 2 | • Amend the Kentucky Constitution to state that nothing in the state constitution creates a right to abortion or requires government funding of abortions | |
| Michigan | Nov. 8 | Proposal 3 | • Amend the Michigan Constitution to provide a state constitutional right to reproductive freedom, defined to include abortion, contraception, and other matters related to pregnancy | |
| Montana | Nov. 8 | LR-131 | • Provide in state law that infants born alive at any stage of development are legal persons • Require medical care to be provided to infants born alive after an induced labor, cesarean section, attempted abortion, or other method |
|
| Vermont | Nov. 8 | Amendment | • Amend the Vermont Constitution to provide a state constitutional right to personal reproductive autonomy | |
- See also: History of abortion ballot measures
In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.
From 1970 to November 2022, there were 53 abortion-related ballot measures, and 43 (81%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 10 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved seven (70%) and rejected three (30%).
Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.
Abortion has been on the ballot in 24 states, including 18 states with an initiative and referendum process.
- The states with the highest numbers of abortion-related ballot measures are Colorado (nine), Oregon (six), California (four), and Washington (four). These states have an initiative and referendum process.
- The average number of measures in states with an initiative and referendum process is 1.73, whereas the average number in states without initiatives or referendums is 0.33.
- States without an initiative and referendum process have never had more than one abortion-related ballot measure.
The following is a map of states where ballots have featured abortion-related measures:
The following graph shows the number of abortion-related ballot measures per year since 1970. Prior to 2022, the highest number of measures occurred in 1986.
Path to the ballot
In Oklahoma, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 15 percent of the votes cast for governor in the previous gubernatorial election. Signatures must be submitted 90 days after the initiative is cleared for circulation by the secretary of state. Measures are generally placed on the next general election ballot following signature verification, but the governor may call a special election or place the measure on the primary ballot. If petitioners are targeting a specific election, the secretary of state recommends that signatures be submitted eight months prior to the election; however, they must be submitted a minimum of 60 days before the election to make the ballot.
The requirements to get an initiated constitutional amendment certified for the 2024 ballot:
- Signatures: 172,993 valid signatures
- Deadline: Each initiative has its own deadline that is 90 days after it was approved to circulate.
The secretary of state verifies signatures and submits the totals and the vote totals that determine the requirement to the Oklahoma Supreme Court, which makes the final determination of sufficiency.
Details about this initiative
- The initiative was filed by Roger Lee Coody-Rosamond, Rachel Anne Tafoya, and Maegan Louise Kandi Richison on October 31, 2022. It was withdrawn on December 7, 2022.[1][11]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Oklahoma Secretary of State, "State Question 828," accessed November 19, 2022
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ News Talk KZRG, "Oklahoma citizen-led initiative would codify abortion access," accessed December 1, 2022
- ↑ Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
- ↑ The Fuller Project, "How major abortion laws compare, state by state," accessed June 30, 2022
- ↑ Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
- ↑ Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
- ↑ Supreme Court of the United States, Roe v. Wade, January 22, 1973
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedkaiser - ↑ 10.0 10.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
- ↑ Oklahoma Secretary of State, 'State Questions," accessed September 24, 2022
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