Repealing An Existing Precedent

By Journalist Gabriela Dimova (ORU)

Today, Representative Hensley (TU) presented a call to action, known as “Women Are Not Without Political Power,” in repealing Oklahoma’s 21 O.S. §861 law. It consisted of all abortion being illegal unless necessary to preserve the mother’s life or medical emergencies. This law made abortion a felony punishable by time in prison and with a hefty fine. In addition, the bill made anyone who caused a woman to miscarry her baby guilty of a felony. To put it easier, it is a criminal statute banning abortion. Surprisingly, the original law was signed in 1910, making it 113 years since it passed. Rep. Hensley expressed how outdated and inconsiderable the bill was. 

To further her argument, Rep. Hensley said, “Women did not have a say, let alone vote until 1920.”

The goal of this bill was to completely repeal the law and allow the women of Oklahoma an opportunity to have a say. During the legislative process, the House did not present any amendments and went straight to debate. With the room divided, both sides presented their case.

Representative McIntyre (OSU) said, “I am in full support of this bill. I would definitely like my voice to be heard on something that was passed long before I was born.”

Representative Martin (NWOSU) said, “It needs to be firmly revised, in order for it to exist in the modern world.”

Representative Baughman (SE) brought a unique stance, stating, “This bill is not about your ideologies. Instead, it is whether to codify a law that was codified prior to the 19th amendment.” 

On the other hand, many Representatives viewed the bill with a significant lack of as no steps were taken once the law was repealed. 

Representative Rodriguez stated, “I am for citizens rights. However, this repeal offers no solution. There is no middle ground.” 

After long-heated discussions, Representative Hensley passed the bill with a vote of 45-7.