OKPOLICY.ORG
The Senate Judiciary Committee devoted a good part of last Wednesday afternoon to hearing four, what might be called “religious right” bills, and killed all four of them. The committee meeting was unusual, to say the least. Normally, culture war bills like these are either never placed on an agenda, or they are passed out of committee then killed, if they are going to be killed, later in the process and less publicly.
Senate Judiciary Chairman Sen. Brent Howard, R-Altus, apparently decided to hear the bills and put to rest the perennial complaint that “leadership” is not hearing the authors’ bills. No doubt Sen. Howard knew where the votes lay on the committee.
The first bill was Senate Bill 380 by Sen. David Bullard, R-Durant, which requires a monument of the Ten Commandments to be prominently displayed and protected on the inside and outside of the Oklahoma State Capitol as a symbol of its historic significance for Oklahoman and American history. In 2015, the Oklahoma Supreme Court struck down a similar law. A subsequent vote by the people upheld the constitutional language cited in the decision. SB 380 failed on a bipartisan vote of 5-3.
The second bill was SB 456 by Sen. Dusty Deevers, R-Lawton, to be known as the “Abolition of Abortion Act.” SB 456 would repeal language within the definition of “homicide,” which states that “homicide shall not include acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented.” During past Judiciary Committee meetings, a group of so-called “abolitionists” has been demonstrating outside the committee meeting room with signs directed at Sen. Howard.
SB 456 also strikes language from current law that says, “Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.”
According to Sen. Deevers, the intent of the bill is to make the woman who obtains an abortion subject to prosecution for murder. Deevers is concerned, among other things, that women can obtain abortion-producing medication through the mail and self-manage their own abortions with no negative legal consequences. He feels that what he calls “pre-born children,” must be protected from being murdered by their mother the same as persons already born. SB 456 failed on a 6-2 bipartisan vote with a majority of members feeling that subjecting women who had an abortion to the death penalty is a bridge too far.
Another bill by Sen. Deevers, SB 228, creates what would be known as the “Covenant Marriage Act of Oklahoma.” The bill provides that after counseling a couple may voluntarily sign and file a declaration of intent with the county clerk to enter a “covenant marriage.” Such a marriage can only be terminated by divorce in instances where one party has abandoned the other for a period of at least one year, committed physical or sexual abuse against the other, or committed adultery during the marriage.
Under SB 228, the state would reward parties entering a covenant marriage with a $2,500 income tax credit for those filing joint returns and $1,250 for individual returns. The bill failed a “do pass” motion on a bipartisan vote of 6-2.
Finally, the committee considered SB 829, which repeals so called, “no-fault” divorce in Oklahoma. The bill repealed “incompatibility” and “impotency” as grounds for divorce and would allow a divorce only where one or both parties were held to be at fault on grounds of desertion, habitual drunkenness, gross neglect of duty, insanity for a period of five years, an unknown pregnancy involving a third party at the time of the marriage, extreme cruelty, or a fraudulent marriage contract.
In determining the division of property and alimony, the court would be required to consider the degree of harm caused by the party or parties at fault. Also, in addition to any child support and alimony ordered, the party at fault would be required to establish a trust fund for the benefit of the welfare, education, health, and general needs of the children. SB 829 also failed on a bipartisan vote of 6-2.
