Filed Date: April 27, 2010
Clearinghouse coding complete
On April 27, 2010, NOVA Health Systems (a reproductive healthcare clinic), a physician providing abortion care in Oklahoma, and the Oklahoma Coalition for Reproductive Justice filed a challenge against Oklahoma House Bill 2780. The law prohibited a woman from getting an abortion unless she was first given an ultrasound, shown the ultrasound image, and listened to her doctor describe the image in detail. Represented by the Center for Reproductive Rights (CRR), Plaintiffs filed this lawsuit on the same day that the Oklahoma Legislature voted to override Governor Brad Henry’s veto of the bill. Plaintiffs filed suit in the District Court for Oklahoma County (state trial court) against the Attorney General of Oklahoma, the District Attorneys for the counties of Tulsa, Cleveland, Garvin, and McClain, the Oklahoma State Board of Medical Licensure and Supervision, and the Oklahoma State Board of Osteopathic Examiners. Plaintiffs sought (1) declaratory judgment stating that H.B. 2780 violated the Oklahoma Constitution and thus was void and of no effect, (2) permanent injunctive relief prohibiting the state from enforcing H.B. 2780, and (3) attorney’s fees and costs. This case was assigned to Judge Noma D. Gurich and then reassigned to Judge Bryan Dixon.
The court issued a temporary restraining order for the plaintiffs on May 3, 2010, and then a temporary injunction on August 3, 2010, enjoining the defendants from enforcing H.B. 2780 as litigation continued.
On April 28, 2011, plaintiffs filed an amended complaint to include defendant-intervenor, American Victims of Abortion.
On March 28, 2012, the court granted plaintiffs' motion for summary judgment, declaring that H.B. 2780 was unconstitutional under Oklahoma Constitution Article V, Section 59 and Section 46. The court concluded that the Act granted a private right of action to only a limited class and that it was too specific to abortion because a general law concerning other medical care could have been implemented instead. The court issued a permanent injunction, prohibiting the state from enforcing H.B. 2780.
Kathleen Lok (1/15/2023)
State / Territory: Oklahoma
Filing Date: April 27, 2010
Case Ongoing: Yes
Reproductive Services, as part of NOVA Health Systems, (a non-profit that provides reproductive health care services in Oklahoma), a physician providing abortion care in Oklahoma, and the Oklahoma Coalition for Reproductive Justice (a non-profit corporation advocating for reproductive justice).
Non-profit NON-religious organization
Center for Reproductive Rights
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
District Attorney (Tulsa), County
District Attorney (Cleveland), County
District Attorney (Garvin), County
District Attorney (McClain), County
State Board of Medical Licensure and Supervision, State
State Board of Osteopathic Examiners, State
Causes of Action:
Injunctive (or Injunctive-like) Relief
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Order Duration: 2012 - None
Content of Injunction:
Reproductive health care (including birth control, abortion, and others)
Type of Facility: