When trying to understand the latest in reproductive health on a state by state basis, there are various places a person can look: local pro-life and pro-choice organizations, news feeds, activists on either side.  But to follow the latest in women's health care in the state of Oklahoma, you're better off if you have a legal degree.

On December 18th an Oklahoma judge ruled to continue to block an abortion law that has been on hold for over two months.  The law is believed to be unconstitutional, as it addresses multiple separate subjects in one law, where as the Oklahoma state constitution prohibits more than one topic at a time.

One of the most controversial aspects of the new law involves prohibiting sex-selection abortions (or "gender-selection abortions," as they are referred to in this case).

Gender-selection abortions have become a recent rallying point this year, with legislation being proposed in several states after a 2009 study cited the possibility of "prenatal gender selection" within Asian communities in the United States. 

Oklahoma has an Asian population of less than 1.7 percent according to the census data.  

Should a doctor be accused of performing an abortion for the purpose of gender-selection abortion, he or she can be levied with fines ranging from $10,000 to $100,000.  

A more widely-reported topic in Oklahoma's abortion laws is an invasive and detailed questionnaire that must be filled and submitted by all abortion practitioners within 30 days of completing a procedure. Non-compliance would result in serious fines for practitioners, $500 per each late, incomplete or missing questionnaire.

The questionnaire asks multiple questions about the relationship of the potential mother and father, the financial and emotional well-being of the mother, and for financial and educational background.  However, it also asks for information that could easily be used to identify the patient, such as, in one subsection, where rape and incest victims must list the law enforcement agency the attack was reported to, and the date of the report, should the abortion provider, equipment or facilities have any ties to the state.

Overall, the purpose of many of the proposed rules seem clear.  Besides making access to abortion care more onerous for patients, the chance to hang multiple potential fines over a practitioner's head will once more reduce the number of people willing to perform the procedure, a key tactic of anti-choice activists.

A judge has blocked implementation of the law because of its very nature.

"It's clear [the judge] understands that this law is a violation of the state constitution," stated Jennifer Mondino, attorney for the Center for Reproductive Rights, during a press conference after the ruling. "He made a comment at the end...that he is a very strong proponent of the state legislature, but a stronger proponent of the state constitution."

But that's not the only unconstitutional abortion law proposed in Oklahoma.  Another law, meant to go into effect in November of 2008, mandated that all women seeking abortions must first view an ultrasound and listen to their doctor give a full and detailed description of the image.  Like the prior law on reporting, this law too was restrained for violating the one subject rule.

The Center for Reproductive Rights, who also defended against the implementation of this law, declared that besides violating the state constitution, the law undercuts "patient autonomy" by forcing her to receive information she may not want or need, as well as asking doctors to keep information from her that would help her make informed decisions, such as the discovery of birth defects within the fetus.  In August of 2009, the law was barred permanently from being enforced. However, some parties predict that the legislature will revisit this law as well.

In Oklahoma the greatest victory as of late has been to simply not let anti-choice legislators push through more restrictions.  Will 2010 bring a chance to make actual progress in reproductive rights, or will it just be about fighting the same battles again?  We will continue to report on new developments.