Reps Hamilton, Peterson File Amicus Brief in Abortion Drug Supreme Court Case

I thought you might enjoy seeing this. The only public statements I will make about this are the press release below and the brief itself. Feel free to discuss it yourselves, though.


Oklahoma House of Representatives

Media Division

October 9, 2012


Authored: State Rep. Rebecca Hamilton

Authored: State Rep. Pam Peterson

Contact: Jason Sutton

Capitol: (405) 557-7421

Reps. Hamilton, Peterson File Amicus Brief in Abortion Drug Supreme Court Case

OKLAHOMA CITY – Today, Oklahoma State Representatives Pam Peterson, Republican from Tulsa, and Rebecca Hamilton, Democrat from Oklahoma City, are filing a “friend-of-the-court” brief in the Oklahoma Supreme Court, in defense of House Bill 1970, which regulates the use of drugs that are prescribed to cause an abortion.

“H.B. 1970 is a reasonable legislative measure that is intended to ensure the health and safety of women seeking chemical abortions,” Rep. Hamilton explained.

The law was challenged by Oklahoma abortion providers and was struck down by a state district court judge on state constitutional grounds.

“The district court’s determination that the Oklahoma Constitution confers a right to abortion cannot be reconciled with the text, history or interpretation of the state constitution,” Rep. Peterson said. “From territorial days to the present, the State of Oklahoma has recognized and protected the rights of unborn children in criminal law, tort law, health care law and property law,” she added.

Although, because of the Supreme Court’s decision in Roe v. Wade (1973), abortion is legal in Oklahoma, the practice of abortion is subject to reasonable regulation like that provided by H.B. 1970. No federal constitutional claims were raised in the state court challenge. The case is Oklahoma Coalition for Reproductive Justice, et al., vs. Terry L. Cline, Oklahoma Commissioner of Health, et al., Docket No. 110765.

The legislators’ brief was drafted by Paul Benjamin Linton, Special Counsel for the Thomas More Society, a national public interest law firm.


  • Arkenaten

    Interesting statistic for you. Did you know the highest rate of abortion among teen girls in the US is within the states known as the Bible Belt: 51-64 per 1000.
    Makes you wonder,perhaps? Perhaps the religious message is not getting through, somehow?

  • FW Ken

    Among other things, abortion serves to keep the lower economic classes down; to speak of a black genocide is probably too strong, but not by much. The numbers are what they are. Its part of what drove Margaret Sanger and the eugenicists of her era. There is also a correlation between economic prosperity and secularism; who needs God when you have the Gap? So I would expect rural areas to have higher levels of poverty and abortion, as well as religion. That’s not snobbish, because its where my family was 50 years ago.

    I can also testify that the atheists and religious liberals in my family have more stable marriages and are, generally more “solid citizen” types than the more religious among us. Does that mean the “religious message isn’t getting through”? Well maybe, or perhaps we just know in our weakness the need of a savior.

    • Arkenaten

      “I can also testify that the atheists and religious liberals in my family have more stable marriages and are, generally more “solid citizen” types than the more religious among us.”

      Extrapolate this statement to a worldwide stage and I would bet the same applies.
      Not in every case, obviously, as there will always be exceptions,but generally the less dogmatic the religion – or at least the less strident the call – the more stable the country, and its people.

      • Rebecca Hamilton

        We don’t have much divorce in my family, but what there is falls among the unchurched; also the drug addiction, infidelity and similar. I don’t have a single religiously active relative that I know of who has gotten a divorce.

        • Arkenaten

          Well I did say there are exceptions.
          My entire family is hardly religious at all except my mother and only a few atheists you’ll be pleased to hear. Most are quite casual about their beliefs/faith .I have family living all over. Australia, SA, UK, Italy, Antigua and even a couple of very distant cousins in the States. I only know of one divorce and no drug addicts. I smoked marijuana twice, does this count? Don’t smoke and hardly touch alcohol.
          So there goes the religous theory out the water.
          I notice you deleted the link I offered on your other post? Shame, the guy was very interesting and not at all bashing religion as you may have suspected (if this was your reason for deleting it? Did you watch it in any case?
          FW Ken’s statement about religion keeping the lower economic classes down is echoed in the video. When added to the inhuman racial policies previously practiced in SA it is certainly is a valid argument over here.

          • Rebecca Hamilton

            The only way Christianity can be used to keep the poor down is if it is applied heretically by politically-oriented Christians who are fallen in their faith. No one who is following Jesus can do this. Jesus’ statement “Blessed are the poor.” is revolutionary today, as it was when He said it. I’ve posted a whole string of posts (and will continue) trying to get Christians to get their heads out and FOLLOW HIM in these matters. I will never argue that there are fallen Christians. I fall quite often myself. But to try to judge Jesus by me is, quite simply, foolish.

            As for the poor, Christianity’s radical elevation of the worth of the individual human person has been an ongoing movement that led us to the respect we have for individual human beings in many quarters today.

            I don’t know too much about what happened in South Africa, but if I understand it correctly, it may be all the proof you need of the existence of evil. That much of it was justified by people who twisted the Gospels for their own use is not Christianity. It is gravely sinful. What I’m saying, is that without repentance (and true repentance is not cheap, painless or easy) they went to hell.

            • Rebecca Hamilton

              “American corporations are sociopathically addicted to profit- no profit it won’t be done.” I assume there is an unwritten “I believe that” at the beginning of this sentence. It obviously is your opinion and not fact.

            • Arkenaten

              Yet again you deleted my reply to a comment.

  • FW Ken

    FW Ken’s statement about religion keeping the lower economic classes down…

    FW Ken’s statement was actually:

    Among other things, abortion serves to keep the lower economic classes down;

    Now, I’m fairly certain that my family anecdotes don’t translate into general principles of social stability – the very secular Sweden has the highest divorce rate in the world, and the other Scandinavian nations aren’t far behind. For that matter ,the U.S. isn’t that far behind. But my point was that it’s simplistic to declaim that “the religious message is not getting through”. The statement is useless on so many levels, one of which is that what looks like “stability” may be nothing more than smug complacency.

    Actually, the history of monasticism is instructive. A new community, or order, is usually fervent and highly structured. People come in and go out, but the community generally grows. Through hard work and frugal, communal living, a community becomes prosperous, then complacent. Their practice becomes lax, and eventually decays. Either a reform occurs, or the community/order dies. We are seeing this process among the American orders in our own time, but Thomas Merton’s The Waters of Siloe is a good read on the process. Sadly, it’s happened to Fr. Merton’s own order in our own time, partly due to his influence.

    One more comment about this supposed “message of religion”. Christianity, specifically, attracts a broad range of people from poor and poorly educated folk to highly educated, sophisticated believers. As Rebecca notes, they (we) are sinners, prone to disappoint. Wow, even Blessed Teresa of Calcutta takes a hit above.

    No matter, because the message of Christianity is not “be a nice person and follow the rules”. The message of Christianity is that God has become a man in the person of Jesus of Nazareth and, by His death and resurrection, has opened heaven to those who follow him. Rules? Sure, conforming our lives to the nature of the created order places us in the way of happiness, the goal and end of which is Eternal happiness. For those of us weak and wicked souls, the sacrament of reconciliation is about as good as it gets.

    • Arkenaten

      @FW Ken.
      You are correct. I misquoted you and apologise.
      I merely tied one in with the other and the abortion rate among teens is highest in the Bible Belt states of the US.

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  • Imelda

    I pray that your amicus curiae brief be heard and given due consideration.

    • Rebecca Hamilton

      Unfortunately, the Oklahoma Supreme Court struck the law, so the arguments in the brief evidently weren’t compelling to them.