Oklahoma Faces Legal Action Over Abortion Ban
Ylleana BerryhillTwo Oklahoma women file suit after they were denied an abortion despite a fatal fetal diagnosis.
The Center for Reproductive Rights filed the suit on behalf of Magon Hoffman, Sheena Hamlin, Elizabeth Pinard, M.D., Sarah Mashburn, M.D., and Oklahoma Call for Reproductive Justice on Sept. 16.
Oklahoma’s Current Abortion Laws
Oklahoma’s abortion laws criminalize abortion almost completely, unless vital to save the life of the pregnant individual. Abortion laws also prevent pregnant individuals from receiving an abortion if they are approximately 20 weeks post-fertilization.
The Hoffman & Hamlin Suit
The suit was filed against Attorney General Gentner Drummond; District Attorney for Oklahoma County Vicki Behenna; Executive Director of the Oklahoma State Board of Medical Licensure and Supervision Sandra Harrison; Director of the Oklahoma State Board of Osteopathic Examiners Steven K. Mullins; and Commissioner for the Oklahoma State Department of Health Keith Reed.
Magon Hoffman
According to the suit, Magon Hoffman discovered she was pregnant in September 2022. At approximately 14 weeks, her doctor found the second-largest blood clot he had encountered. Her doctor told her there was nothing to do.
At 19 weeks, an anatomy scan with a maternal-fetal medicine specialist revealed that the baby had anencephaly, a birth defect in which a baby is born without parts of the brain and skull. The specialist told Hoffman that her baby had “no chance of survival.”
Hoffman was told by the specialist she could leave Oklahoma to terminate the pregnancy or stay and carry to term.
After the diagnosis, she made an appointment in New Mexico to receive abortion care. She had to pay approximately $3,000 out of pocket due to lack of insurance coverage. Additional costs aside from the procedure include travel, lodging, and childcare, the lawsuit states.
The lawsuit also states that given the time Hoffman took off for the procedure, she lost her job.
“My family knew immediately that getting an abortion was the right decision for us, especially so I could be here and healthy for my eldest daughter,” said Hoffman.
“But Oklahoma turned the hardest day of my life into weeks of needless suffering on top of our grief. I had to travel eight hours out of state to get care, far from my home, my family, and my support system when I needed them most. Oklahoma is failing families like mine. I’m bringing this case so Oklahomans can have the power again to make the best decisions for our families.”
Sheena Hamlin
According to the suit, Sheena Hamlin discovered she was pregnant with Ellie in July 2024. At approximately 21 weeks, she was referred to a maternal-fetal medicine specialist by Dr. Elizabeth Pinard.
The specialist suspected Ellie had Meckel-Gruber syndrome, a lethal genetic disorder that commonly features sac-like protrusion of the brain through an opening at the back of the skull, known as an occipital encephalocele, kidney cysts, and scar tissue in the liver. The specialist told Hamlin Ellie was “not compatible with life” and “would likely pass in utero.”
Genetic testing from Hamlin and her husband revealed that Ellie had Meckel-Gruber syndrome, the lawsuit states.
Hamlin was told by the specialist she could try to carry her pregnancy to term. While discussing termination as an alternative, the specialist told her she could not do it in Oklahoma.
After the appointment with Dr. Penard, she scheduled an appointment in Illinois to receive abortion care. She had to pay approximately $4,000 out of pocket. The lawsuit states “these costs were compounded by the fact that she had to fly to another state during a holiday week.”
“My husband and I were crushed when we learned that we would never get to bring our daughter home,” said Hamlin. “We wanted mercy for our daughter – but Oklahoma’s laws denied us that. I should have been able to get the care I needed at home. These laws do nothing to protect mothers and families; they only bring us pain.”
The Suit Plaintiffs
The lawsuit states the plaintiffs “seek to vindicate the same constitutional rights in asking the Court to block the Bans as applied to Oklahomans who have received a fatal fetal diagnosis.”
The Oklahoma Call for Reproductive Justice, a plaintiff in the suit, is a nonprofit organization that advocates for reproductive justice and supports access to abortion care, contraception, and sexual education.
“It’s unthinkable the pain these families went through because of Oklahoma’s abortion bans,” said Nancy Northrup, president and CEO of the Center for Reproductive Rights. “Forcing women to give birth knowing they won’t be bringing a baby home is pure cruelty. Every pregnant person should get to decide what is best for their family based on their own beliefs, values, and medical circumstances. The government should have no place in that.”
Dr. Pinard, another plaintiff in the suit, is a board-certified OB-GYN. She is also a member of the American College of Obstetricians and Gynecologists (ACOG), according to the suit.
In the lawsuit, Dr. Pinard describes caring for patients whose pregnancies have been diagnosed with fetal fatal conditions, like Hamlin, as “heart-wrenching.”
“Doctors routinely provide care according to what our patients want for themselves and their families, but Oklahoma’s abortion bans have left me feeling helpless,” she said. “I don’t want to tell my patients to leave the state when I can easily give them the care they need right here in my office. This is not how healthcare should work. My patients deserve access to all of their options for care, and the state needs to allow us to do our jobs.”
Dr. Sarah Mashburn is a board-certified OB-GYN, member of ACOG and the American Medical Association, according to the lawsuit. Similarly, Dr. Mashburn has seen patients whose pregnancies have been diagnosed with fetal fatal conditions, like Hoffman.
Oklahoma’s Official Response
Carrie Burkhart, spokesperson for Attorney General Gentner Drummond, said they are reviewing the matter and will “respond accordingly.”
District Attorney Vicki Behenna said, “we do not comment on pending litigation.”
Sandra Harrison, executive director of the Oklahoma State Board of Medical Licensure and Supervision, had “no comment.”
Erika Rankin-Riley, spokesperson for Keith Reed, commissioner for the Oklahoma State Department of Health, said “The Agency does not comment on pending litigation.”