Filed Date: Sept. 29, 2009
Case Ongoing
Clearinghouse coding complete
On September 29, 2009, the Center for Reproductive Rights (CRR), on behalf of two Oklahoma resident taxpayers, filed a lawsuit in the District Court of Oklahoma County (Oklahoma state trial court). The lawsuit challenged Oklahoma House Bill 1595 on the grounds that the law violated the Oklahoma State Constitution’s “single-subject” requirement and that its enforcement would unlawfully use taxpayer funds. H.B. 1595 included a ban on “sex-selective abortions” and established new reporting requirements on physicians providing abortion care. The defendants were the Attorney General of Oklahoma, the Oklahoma Commissioner of Health, the Oklahoma State Board of Medical Licensure and Supervision, and the Oklahoma State Board of Osteopathic Examiners. CRR sought (1) declaratory judgment that H.B. 1595 violated the Oklahoma Constitution and was therefore void, (2) permanent injunctive relief restricting the state from enforcing H.B. 1595, and (3) attorney’s fees and costs. This case was first assigned to Judge Patricia C. Parrish, then reassigned to Judge Twyla Mason Gray, and then reassigned again to Judge Daniel L. Owens.
On October 19, 2009, Judge Gray granted the plaintiffs request for a temporary restraining order. Each party then filed a motion for summary judgment on January 15, 2010. On March 2, 2010, Judge Owens granted the summary judgment in favor of the plaintiffs and denied the defendants’ motion for summary judgment. The court found that H.B. 1595 violated the “single-subject” requirement listed in Article V, Section 57 of the Oklahoma Constitution because it contained multiple subjects that were not germane, relative, and cognate to a readily apparent common theme and purpose. As such, the statute was deemed void, of no effect, and unenforceable.
Summary Authors
Kathleen Lok (1/15/2023)
State / Territory: Oklahoma
Case Type(s):
Key Dates
Filing Date: Sept. 29, 2009
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The plaintiffs are two Oklahoma residents and taxpayers.
Plaintiff Type(s):
Attorney Organizations:
Center for Reproductive Rights
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Executive Director of the Oklahoma State Board of Medical Licensure and Supervision, State
President of the Oklahoma State Board of Osteopathic Examiners, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General: