“By their own admission, the proponents of this initiative aim to strip women and families of their established right to decide whether and when to become pregnant and carry a pregnancy to term,” said Ryan Kiesel, Executive Director of the ACLU of Oklahoma. “This initiative insults Oklahoma women’s intelligence and dignity by denying access to basic health services.” If passed, the initiative would outlaw many critical reproductive health services, including all abortion care, commonly used forms of birth control, in vitro fertilization and treatment for ectopic pregnancies and miscarriages.

“It’s been nearly four decades since the Supreme Court ruled that women have the right to safe, legal abortion services,” said Talcott Camp, deputy director of the ACLU Reproductive Freedom Project. “Yet state legislatures continue to attack that right through dangerous, outrageous initiatives such as this one. This is unacceptable. We must respect a woman’s capacity to make private, personal decisions about her reproductive health with her doctor and her family.” More information on this case can be found at: www.aclu.org/reproductive-freedom/re-initiative-petition-no-395-state-question-no-761-or-oklahoma-personhood

While many other organizations and individuals were concerned by the fundamentally conservative nature of the new administration and agency heads, the affiliate was prepared for the typical neglect toward civil liberties as witnessed in the past. The strategy changed very little this session. Legislative Counsel Tamya Cox, who also serves as the lobbyist, was required to be in the office more this session due to the transition of executive directors. Therefore, Cox focused her attention on bills that lacked an organized effort. She wrote more position papers and provided needed talking points to key legislators.

Mainly anti-immigrant bills and First Amendment restrictions bills became the focus of her efforts. Over 20 anti-immigrant bills were introduced this session. It was expected that an Arizona copy-cat bill would be introduced, and there were several versions introduced. Several bills attempted to redefine the 14th Amendment and other bills were introduced that would penalize children of undocumented individuals, prohibiting them from attending public schools- a clear violation of long held case law.

Early in the session, HB 1446 was designated by the House leadership as the only bill that would be allowed to proceed through session. HB 1446 consisted of many provisions. The main sections would allow certain law enforcement agencies, upon initial detainment, to check the immigration status of any one and also prohibit undocumented students from receiving in-state tuition waivers. HB 1446 was fully expected to be signed into law. Through an unprecedented vote, both opponents and supporters of anti-immigrant bills joined together to vote the final version of the bill down. Opponents of HB 1446 argued that the bill went too far while supports of anti-immigrant bills argued the bill did not go far enough. Their combined efforts rejected the bill.

However, it is fully expected a similar version of this bill will be introduced next year, but for now there is a collective sigh of relief.

Anti- civil liberties bills that were signed into law include:

• HB 1888- prohibits abortions after 20 weeks
• SB 547- prohibits certain private insurance companies from offering abortion coverage
• SB 406- increases distance and time a person may protest a military funeral
• SJR 15- ban equal opportunity programs (will go to a vote of the people Nov. 2012)

Speaking over cheers of support, Cox urged the women in the crowd to fight for their rights. “Be like Alice Paul,” she said “be like Rosa Parks.” Cox also encouraged attendees to invoke the spirit of all champions of choice, specifically mentioning Barbara Santee. Santee, a long time supporter of the ACLU, is one of Oklahoma’s fiercest warriors for women’s rights.

The Pink Wave was organized by the Oklahoma Coalition for Reproductive Justice and Planned Parenthood of Oklahoma to protest bills proposed and/or passed this session that lessen women’s reproductive choices. Other speakers included several state legislators and community activists for choice.

But while the abortion issue is an important topic, I am concerned that the legislature continually politicizes the topic and doesn’t get to the real issue. All sides want to reduce the number of abortions; all sides want to reduce the number of unintended pregnancies. But the politics of the “choice vs. anti-choice” issue overshadows this. It is time both sides come together, divorce the emotion, and have meaningful dialogue.

We first need to decide how to reduce the number of unintended pregnancies. I believe it is through a comprehensive sex education. I believe it is through easier access to contraceptives. But, I’m not arrogant enough to believe that I know all the answers, so I invite the other side to share their theories with me. I was outraged with the comments by some of the senators who either were misinformed about the true nature of this bill or indifferent to the realities of it. Both sides take this issue seriously, and the politics that were played in that committee meeting let me know politics will always trump reform.

Both sides need to talk together about how we can address policy-makers and demand that they hear what we have to say about the true issue in decreasing unintended pregnancies. It is possible for two sides of an issue to come together and it not result in mayhem, and that is what I am hoping to accomplish soon.

So, this is my open invitation to the other side of the abortion issue to meet me at the table – not the fanatic who will be unable to separate the abortion issue from the issue at hand, not the individual who will be unable to understand why both sides need to work together, and especially not the person who will be unable to help develop solutions. I want the person who believes that we need to take back the legislature and is interested in finding solutions to our increasing problem. I am seriously interested in meeting.

Will you pull up a seat at the table, or will I be dining alone?

CONTACT: tcox@acluok.org or (405) 524-8511

* Progressive organizations will have booths
* Information on mental, reproductive, and physical health
* You can get blood pressure and glucose levels checked
* There will be demonstrations on CPR and CPR for infants, self-defense demonstrations, and yoga techniques
* This will also be a lobby day for HB 1595. We will meet senators to share our concerns with this bill.
* If you interested in participating in the lobby day or in having a booth for the Women’s Health Day, please contact Tamya Cox at tcox@acluok.org or (405)524-8511 by March 18.

February 25, 2009

OKLAHOMA CITY — This afternoon, the Oklahoma House of Representatives passed HB 1595 – a fiscally irresponsible and extremely invasive bill introduced by District 71 Representative Daniel Sullivan. The passage of HB 1595, also known as the Statistical Reporting on Abortion Act, shows that the Oklahoma House condones invasion of privacy for a woman already forced with making a difficult decision. The bill also requires some medically unnecessary procedures to be performed.

HB 1595 requires medical professionals to ask a lengthy series of questions of a female patient, many of which, such as, “Reason given for abortion,” have nothing to do with her health care needs. If these questions are not asked, the bill allows for a cause of action to be brought against the doctor by family members, guardians, the district attorney, attorney general, and any licensed healthcare professionals of the female patient.

This will become frivolous litigation. It is odd that Rep. Sullivan, who had a tort reform bill pass out of the House recently, introduced this bill which will cost $281,285 initially and $256,285 for subsequent years. In a time when Oklahoma is already facing a budget crisis, this bill unnecessarily increases the cost to taxpayers.

Also, the reporting of the answers to questions asked of these patients will be posted on the Internet. While names will not be included with this posting, statistics like county of residence, age, race, and marital status will be reported. This makes a woman living in small town Oklahoma very identifiable.

“The legislature is once again interfering in the doctor/patient relationship,” said Tamya Cox, American Civil Liberties Union of Oklahoma Program Director. “This bill is medically and fiscally unnecessary.”

Out of 97 House members voting, only four opposed the bill. The ACLU of Oklahoma would like to recognize District 78 Representative Jeannie McDaniel, District 88 Representative Al McAffrey, District 28 Representative Ryan Kiesel, and District 97 Representative Mike Shelton for their recognition of a woman’s right to privacy and a brave vote of “no” on HB 1595.

“A woman’s brain doesn’t disengage during her pregnancy,” said Rep. McDaniel. “And, between a woman’s uterus and her brain is her heart.”

Rep. McDaniel also spoke about Oklahoma’s bottom-rung status when it comes to women’s health issues, women’s incarceration percentages, and the health of infants in our state. Rep. Sullivan responded to her list of facts by saying that all of these statistics were true because of the passage of Roe v. Wade. The ACLU of Oklahoma is not sure where Rep. Sullivan got this “fact.”

The ACLU of Oklahoma continually works to empower women and advance equality, as well as protecting everyone’s right to make informed decisions free from government interference about whether and when to become a parent. Today, the Oklahoma House of Representatives took a leap in the wrong direction by voting through HB 1595 and infringing upon a woman’s right to choose and her right of privacy.

October 27, 2008

REPRODUCTIVE RIGHTS AND FREE SPEECH BALANCED IN TULSA

A group with a history of blocking the entrance to an abortion and reproductive health clinic in Tulsa announced its plan to protest at the clinic again on October 18. The management of the clinic, Reproductive Services, voiced its concern to the Tulsa Police Department that the protesters would block its entrance by parading on the sidewalk across the facility’s driveway. The Tulsa police, citing potential liability for restricting freedom of speech and assembly, expressed reluctance to limit the movement of the protesters across the driveway.

The director of the clinic contacted Rex Friend, a cooperating attorney for the ACLU of Oklahoma. Friend, a lawyer well-versed and experienced in protecting the rights of protesters, received guidance from the state ACLU office and the ACLU National Reproductive Freedom Project. He then provided case law to the clinic, and the material was provided to the Tulsa police.

As a result of clarifying the rights of the protesters balanced with the rights of clients to access the clinic, the demonstration occurred as planned with one exception. The protesters did not attempt to block the clinic’s driveway and the police were present to insure that the rights of all parties were not infringed. Both free speech and reproductive freedom were protected as a result of this compromise.

You can phone bank in your own living room for three hours on November 1 or 2.

That’s right – three hours in your own living room (all you need is a computer with web access and a phone) – it’s that easy to make a difference in this election. The South Dakota Campaign for Healthy Families (SDCHF), of which the ACLU is a part of, has spent the past three months making over 170,000 persuasion phone calls to highly-targeted voters across the state. They’ve identified a large percentage of supporters and now it’s time to Get Out the Vote (GOTV)! The Campaign has asked for your help on November 1 and 2 to call all identified supporters and encourage them to get to get to the polls to vote NO on Measure 11.

Invite your members to make a difference.

Initiated Measure 11 is a ban on virtually all abortions and is a direct challenge to Roe v. Wade that will impact women and their families in all states. You can learn more about the ban at www.sdhealthyfamilies.org

Although South Dakotans decisively defeated a very similar measure in 2006, the abortion ban is back and the polling shows it’s a dead heat. Measure 11 could be decided by a very small number of votes. Each phone call will make a difference. This is a great opportunity to get your members involved with protecting reproductive freedom for all women.

Join the ACLU effort

Contact your affiliate office at 405-524-8511 to see how you can help.

Background: On August 21, 2008, the Department of Health and Human Services (HHS) released proposed regulations that could seriously undermine access to basic reproductive health services, including birth control and abortion. The rule leaves open the possibility that – based on religious beliefs – health care providers, including hospitals, insurance companies, and pharmacies, could deny women access to birth control. This could undermine the state reproductive health laws that so many affiliates have supported over the years. In addition, the rule may permit health care providers to withhold information and counseling about a wide range of health care services, including birth control and abortion, without any consideration for the needs of patients. The proposed rule can be read here.

The Strategy: By submitting a massive number of comments, we will demonstrate to the public, HHS, and any future administration the diverse and strong opposition to the promulgation of this dangerous regulation. If every affiliate submits a comment and does additional outreach, we will ensure that HHS has heard from every state in the nation. Affiliate comments are a key part of a broader strategy that includes our Action Alert and web buttons, as well as reaching out to state officials, health care providers, and religious groups.

The Comments: Our model comments represent the unique ACLU voice that needs to be a part of this discussion. As an organization dedicated to the protection of religious liberty and reproductive freedom, the ACLU perspective is necessary when policymakers address situations where religious belief impacts decision making about reproductive health care. Through these comments, we can suggest solutions that, wherever possible, protect both the health care needs of women and the religious freedom of health care providers. Unfortunately, the proposed regulation seems to take patients out of the equation. Even if you have signed on to a coalition letter, please make sure that your affiliate submits an individual comment, both to boost volume and to make sure that the ACLU approach is considered.

The attached document contains model comments that can be used by each affiliate with a few simple edits. The easiest ways comments can be submitted to HHS are the following:

• Via the web at http://www.Regulations.gov and click on the link “Comment or Submission” and enter the keywords “provider conscience”. HHS prefers documents to be submitted in Microsoft Word format, although WordPerfect format is acceptable.
• Via email to consciencecomment@hhs.gov. HHS prefers documents to be submitted in Microsoft Word format, although WordPerfect format is acceptable.
• By regular mail, express mail, or overnight mail (you must submit one original and two copies) to Office of Public Health and Science, Department of Health and Human Services, Attention: Brenda Destro, Hubert H. Humphrey Building, 200 Independence Avenue, SW, Room 728E, Washington DC 20201.

Please make sure that “Provider Conscience Regulation” is included at the top of the page, as requested by HHS. Please email a copy of your final signed letter to dward@aclu.org and abohm@dcaclu.org.

Comments are due by September 25, 2008.

Outreach: In order to create the volume of comments that we need, outreach to the following communities is extremely important. Where possible, please encourage individual comments in addition to sign-on letters.

• Your members – If you haven’t already, please encourage your members and your web readers to submit comments. You can use ACLU web buttons (with and without our logo) for inclusion on your site. They link to an Action Alert that will be sent directly to HHS. We suggest including this language above or below it: “Use the ACLU Alert to Stop the Bush Administration’s Attack on Women’s Health.” This is an extremely popular feature: Within days, 32,000 people submitted comments via our action alert, making it the 5th most popular action alert in ACLU history!
• Your elected officials and state leaders – Comments from the Governor, Secretary/Commissioner of Health, state legislators, and other state leaders are also needed. The proposed regulations could interfere with access to many important reproductive health services and could be interpreted to undermine a number of state laws, including contraceptive equity laws, EC in the ER laws, and pharmacy access laws. As we receive letters from Governors and Attorneys General, we will share them with you. If you know of any letters from state officials and legislators in your state, please send copies of those letters to abohm@dcaclu.org.
• Health Care Providers – Comments from individual health care providers, associations, hospitals, pharmacies, local medical groups, groups advocating for health care for low income people, sexual assault groups.
• Religious leaders – Patients of all faiths and no faith need access to reproductive health care, and institutional religion stands on both sides of the debate.
• Other groups whose constituents may be affected by medical refusals – The regulation could affect more than just the reproductive rights community. Existing federal law already balances individual religious liberty and patients’ ability to access the health care services they need. Because we are concerned that the proposed regulation seeks to take patients needs out of this equation, it could allow, for example, doctors and nurses to refuse to comply with advance life directives without taking steps to ensure that the patient can receive the refused service elsewhere. Please feel free to reach out to nontraditional allies who may also be affected by this regulation.

Thank you: Thank you so much for helping us generate a massive outcry! Dahlia Ward will be in touch in the coming days to see what type of outreach is possible in your state. If you or your coalition partners are already working on this, please email Dahlia (dward@aclu.org) and fill her in. Thank you!

Remember: Comments due on September 25.

Vania Leveille
Legislative Counsel

Sondra Goldschein
Director of State Advocacy

Among the worst of the provisions of the new law are the following:

It requires doctors to perform vaginal ultrasounds prior to every abortion procedure. Patients have no choice in the matter. Oklahoma is currently state with such a law.

A woman’s right to receive urgent medical treatment would be impeded at a hospital if an employee refused to treat her based on moral or religious grounds.

A woman’s right to receive an non-surgical abortion using medication can be restricted by limiting a doctor’s ability to administer the drug and hampering the physician’s discretion to determine appropriate medical care. This non-surgical method of terminating early pregnancy has been proven to be both safe and effective.

The ACLU of Oklahoma was successful at urging many people contact Governor Henry to urge his veto of Senate Bill 1878. In addition, the ACLU sent hundreds of letters to constituents in targeted legislative districts asking constituents to contact their Senators to request that they support Governor Henry’s veto.

The ACLU of Oklahoma is grateful to everyone who worked to preserve reproductive choice. Even though recent developments are disheartening, it is important to be prepared for future legislative struggles.