Oklahoma Abolitionists Take ACLU, Supreme Court to Task

Oklahoma City, Oklahoma: On March 2nd, at the Oklahoma Judicial Center in Oklahoma City, a referee for the Supreme Court of Oklahoma considered both the protest and rebuttal against a ballot initiative petition to treat abortion as murder. If enacted, the measure would add a new section to Article 2 of the Oklahoma Constitution, effectively outlawing abortion as murder throughout the state.

The petition to amend the Oklahoma Constitution to define abortion as murder, brought by Norman resident Thomas Russell Hunter, who filed papers on Jan. 27 for the petition, was challenged by the Oklahoma chapter of the American Civil Liberties Union, on Feb. 12. The group argues that outlawing abortion violates both the Oklahoma and U.S. constitutions.

Mr. Hunter, in his arguments on Wednesday, replied by saying, “I see nowhere that the law grants a mother or father the right to commit abortions and murder their children.” Citing the 14th and 5th Amendments to the Constitution, he went on to state that the practice of human abortion deprives an innocent person of life without due process of law. “By allowing the killing of innocent human beings to go unpunished, the state is denying the equal protection of the laws to those so killed” he said, reading a prepared statement before ACLU lawyers and Supreme Court referee Greg Albert. The statement went on to say “On these grounds, the current laws of the State of Oklahoma that allow innocent pre-born human beings to be deprived of life without due process of law and allow those who kill them to go unpunished are unconstitutional”.

Opening statements from the ACLU were basic, claiming that Roe v. Wade and Planned Parenthood v. Casey were solid legal precedents that render the measure “repugnant” to the US Constitution, but resorted to fiscal concerns after hearing Mr. Hunter’s well prepared rebuttal.

“The ACLU began by claiming that our amendment initiative was unconstitutional, and after hearing our response, turned to claim that it would be costly” Hunter said after the hearing had ended.

Hunter, who is not an attorney, filed the document after being encouraged to do so by Albert during the hearing. “I do want to encourage you again to file that with the court clerk” said Albert, “because it was a good piece of work.”

See the filed rebuttal here.

Read about the petition and the subsequent proposed legislation stemming from the work of Abolitionists in Oklahoma here.

Read updates and observations trending in social media about the work of the Oklahoma Abolitionists in the past few weeks here.

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1 Response

  1. March 13, 2016

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