Friday, January 29, 2021

Sen. Hamilton files 'Equal Protection and Equal Justice Act' to abolish abortion in Oklahoma

Sen. Warren Hamilton files Equal Protection and Equal Justice Act

State Sen. Warren Hamilton, R-McCurtain, has filed the Equal Protection and Equal Justice Act, which would abolish abortion in the state.

Senate Bill 495 would ensure equal justice and equal protection of the laws to all unborn children from the moment of fertilization; establish that a living human unborn child, from the moment of fertilization, is entitled to the same rights, powers and privileges as any other person; and rescind all licenses to kill unborn children by repealing discriminatory provisions and making all alleged offenders equally subject to the law.

The bill would also recognize that the United States Constitution is the supreme law of the land and refuse to assent to legal fiction that the Constitution prohibits the state from exercising its reserved police powers to outlaw homicide and provide equal protection to all persons, and void all federal statutes, regulations, treaties, orders and court rulings that would deprive an unborn child of the right to life, or prohibit the equal protection of such right.

“We the People must immediately end abortion, which is our American holocaust,” Hamilton said. “It’s time that we stand up for our preborn children and ensure that every life, regardless of their stage of development, is protected by our laws.”

The measure would also amend the wrongful death statute to remove certain instances under which a wrongful death action in relation to abortion may be brought, applying the law to all abortions.

“In rare circumstances, conditions in a pregnancy arise which threaten the life of the mother – tubal and ectopic pregnancies are the most often mentioned,” Hamilton said. “It should be noted that under SB 495, neither the doctor nor the mother will be held liable for the death of the child, provided that every effort is made to save both lives in these triage situations. The bill is about life – all life – child and mother.”

SB 495 would also instruct the Attorney General to monitor the state’s enforcement of the abolition of abortion and direct state agencies to enforce the law regardless of any contrary or conflicting federal statute, regulation, treaty, executive order or court ruling.

“Every child is a gift from God, no matter their conception story,” Hamilton said. “We do not need the permission of the Supreme Court to stop murdering our children. We can and should start right here in Oklahoma by establishing equal protection and equal justice for all human beings beginning at conception. Abortion is a permanent solution to a temporary problem, and we shouldn’t kill babies because their location is inconvenient. I encourage all Oklahomans to contact your state Senator and Representative in support of this measure.”

This bill is supported by Southern Baptists for the Abolition of Abortion; Freewill Baptists Abolitionist Society; Free the States; Oklahomans United for Life; The Ekklesia of Oklahoma; City Elders; Fairview Baptist Church in Edmond; Reclaiming America for Christ; OCPAC; Western Oklahoma Christians for Liberty; Congressional District 3 Republican Party Chairman Daniel Navejas; and Logan County Republican Chairman Kyle Brown.

If passed, the bill would become effective immediately.

'Abolition Day', a rally and day of legislative lobbying, will be held on Tuesday, February 9th, at the Oklahoma State Capitol. A companion event, the Abolition Now conference, will take place in Oklahoma City on Monday the 8th and Tuesday evening the 9th.


  1. What’s the difference between SB13 and SB495?

  2. This is basically the new version of last legislative term's SB13. From my understanding, there are some clarifications in this one that they started working on last year but since SB13 never got a hearing they couldn't be put in.


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