Oklahoma House committee advances bill requiring father's permission for abortions
An Oklahoma House committee has advanced a bill that would require pregnant women who want to abort their baby to get the written consent of the father before the procedure can be performed.
The Oklahoma House Public Health Committee voted 5–2 on Tuesday to approve H.B. 1441, which was introduced by Rep. Justin Humphrey (R-Albany).
The measure would require women to obtain the father's written consent and identify the father in writing to her physician before an abortion can be performed. It provides an exception for cases of rape, incest and when the mother's life is in danger, according to ABC News. The bill also indicated that the person identified as the father can ask for DNA test if the paternity is in question.
Humphrey said that his intention for the bill was to ensure that fathers are involved in supporting the child from conception.
"I believe one of the breakdowns in our society is that we have excluded the man out of all of these types of decisions," he said, according to The Intercept.
"I understand that they feel like that is their body," Humphrey said, referring to women. "I feel like it is a separate—what I call them is, you're a 'host.' And you know when you enter into a relationship you're going to be that host, and so, if you pre-know that, then take all precautions and don't get pregnant," he added.
Some have claimed that Humphrey's bill is unconstitutional, citing the 1992 Supreme Court ruling in Planned Parenthood v. Casey, which held that the spousal-notification provision in a Pennsylvania law imposed an undue burden on women seeking an abortion.
Critics argued that the measure could be harmful in cases of domestic violence when a woman might not be comfortable talking to her husband about such matters.
Laura McQuade, president and CEO of Planned Parenthood Great Plains, pointed to another Supreme Court case last year in Whole Woman's Health v. Hellerstedt, which invalidated an abortion law in Texas partly on the basis that it did not protect women's health.
"If it is medically unnecessary, or if the intent of the law is solely to block the access to abortion, it is unconstitutional," said McQuade.