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Oklahoma Senate Bill Proposes Personhood Act (Feb 10, 2012)

The Senate Health and Human Services Committee began the 2012 session with Senate Bill 1433, which would create the Personhood Act.

The bill would require the laws of Oklahoma to be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development all the rights, privileges and immunities available to other residents of the state.

It defines "unborn child" or "unborn children" as all unborn children or the offspring of human beings from the moment of conception until birth at every stage of biological development.

It prohibits anything in the act from being interpreted as creating a cause of action against a woman for indirectly harming her unborn child by failing to properly care for herself or by failing to follow any particular program of prenatal care.

Crain told the committee the bill, which is now available for a Senate floor hearing, would not affect in vitro fertilization and does not change the fundamental right to an abortion provided by Roe v. Wade.

He also noted the bill does not provide any penalty or criminalization language and said the bill goes the "extra step" in showing Oklahoma supports the rights of unborn children.

"We are announcing that Oklahoma continues to be a pro-life state," he said.

An amendment by Sen. Jim Wilson, D-Tahlequah, requiring the mother to receive child support in the form of comprehensive health care, housing, transportation and nourishment while the unborn child is in utero was tabled.

Another amendment by Sen. Constance Johnson, D-Oklahoma City, was also tabled. It would have added language stating that "any action in which a man ejaculates or otherwise deposits semen anywhere but in a woman's vagina shall be interpreted and construed as an action against an unborn child."

In debate against the bill, Wilson called it a governmental attempt to control uteri. He also predicted that it would lead to another pronged lawsuit that would hurt the state's image.

Johnson called the bill "anti-woman."



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