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News & Politics News & Politics

Oklahoma Supreme Court: Personhood Is ‘Clearly Unconstitutional’

Posted by on Apr. 30, 2012 at 6:27 PM
  • 8 Replies
1 mom liked this

Oklahoma Supreme Court: Personhood Is ‘Clearly Unconstitutional’

The Oklahoma Supreme Court has juststruck down a proposed personhood ballot question — which would have granted embryos the rights of people and outlawed all abortions — calling the measure “clearly unconstitutional”:

4. The United States Supreme Court has spoken on this issue. The measure is clearly unconstitutional pursuant to Planned Parenthood v. Casey, 505 U.S. 833 (1992). The states are duty bound to follow its interpretation of the law. Twenty years ago, this Court was presented with an initiative which facially conflicted with the Casey decision. This Court held: “The issue of the constitutionality of the initiative petition is governed by the United States Supreme Court’s pronouncement in Casey.”

5. The only course available to this Court is to follow what the United States Supreme Court, the final arbiter of the United States Constitution has decreed. In re Initiative Petition 349, 1992 OK 122, ¶ 8, 838 P.2d 1, 5.

6. The mandate of Casey is as binding on this Court today as it was twenty years ago. Initiative Petition No. 395 conflicts with Casey and is void on its face and it is hereby ordered stricken.

In Casey, the Supreme Court held that states may enact some abortion regulations, but they may not “strike at the right itself” to terminate a pregnancy. A law redefining embryos as people is thus a direct attack on women’s constitutional right to choose.

by on Apr. 30, 2012 at 6:27 PM
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Replies (1-8):
PamR
by Platinum Member on Apr. 30, 2012 at 6:53 PM

Excellent decision.

mommygiggles317
by Silver Member on Apr. 30, 2012 at 6:58 PM

happy

love you signExercising Knowledge, Wisdom and Understanding...

im23vaughn
by Bronze Member on Apr. 30, 2012 at 7:56 PM
2 moms liked this

I am glad that around the nation these judges even in the most conservative of states are standing up to these politicians.

nanaofsix531
by Platinum Member on May. 1, 2012 at 6:49 PM
1 mom liked this

Me to.I was beginning to think we were going back to the stone ages.

Quoting im23vaughn:

I am glad that around the nation these judges even in the most conservative of states are standing up to these politicians.


lga1965
by on May. 1, 2012 at 6:58 PM

 Cool!  This is encouraging!

nanaofsix531
by Platinum Member on May. 1, 2012 at 7:12 PM
1 mom liked this

Lets just hope that the judges across the country have more brain cells then the repug congressmen that want all women bare foot and pregnant serving their husbands and bringing them their news papers and slippers when they walk in the door at night after a hard days work slaving over how they can take more rights away from their wives.

Quoting lga1965:

 Cool!  This is encouraging!


lga1965
by on May. 1, 2012 at 7:20 PM

 YES!good

Quoting nanaofsix531:

Lets just hope that the judges across the country have more brain cells then the repug congressmen that want all women bare foot and pregnant serving their husbands and bringing them their news papers and slippers when they walk in the door at night after a hard days work slaving over how they can take more rights away from their wives.

Quoting lga1965:

 Cool!  This is encouraging!


 

Friday
by Platinum Member on May. 1, 2012 at 9:00 PM

Thank FSM.


H.R.H. Friday of MaryJane

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