Oklahoma 2026 HB 3038
Overview
Oklahoma 2026 HB 3038
Filed by Oklahoma State Representative Gabe Woolley
Legislative updates
Provides Equal Protection to Preborn Children
If we truly believe that a fetus is a person made in the image of God, then to be consistent with the U.S. Constitution and God’s Word, the laws which protect human beings who are born must equally protect those who are not yet born.
“No state shall deny to any person within its jurisdiction the equal protection of the laws.” U.S. Constitution, 14th Amendment.
“There are inconsistencies between Fourteenth Amendment status and the typical abortion statute. If the fetus is a person, why is the woman not a principal or an accomplice? If the fetus is a person, may the penalties be different?” Supreme Court of the United States. Roe v. Wade, 410 U.S. 113, 157-58 n. 54 (1973).
“All political power is inherent in the people; and government is instituted for their protection, security, and benefit, and to promote their general welfare.” Oklahoma Constitution, Article II, § 1.
“We believe that at the point of conception (including IVF), a person is granted the rights guaranteed in the U.S. Constitution; therefore, civil authorities have a duty before God to uphold justice by establishing equal protection under the law for all preborn children. We believe in the sanctity and value of human life from conception through natural death, unless forfeited by capital offense. We believe intentional preborn baby murder is contrary to the Word of God and is murder according to Exodus 23:7.” Oklahoma Republican Party Platform.
“So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets.” The Golden Rule. Matthew 7:12.
“You shall love your neighbor as yourself.” Mark 12:31.
“You shall not be partial in judgment.” Deuteronomy 1:17.
FAQs
Does the bill criminalize women?
No. The bill criminalizes the act of knowingly and willfully causing the death of a preborn child.
To deter such conduct and to provide equal protection of the laws, the bill does prohibit everyone, including pregnant mothers, from engaging in the unlawful act of prenatal homicide.
Once the bill is passed and becomes effective, the justice system would determine on a case-by-case basis whether any report of suspected prenatal homicide would be investigated and prosecuted and for what charge, and whether anyone would be convicted and sentenced. This justice system includes:
Law enforcement
Prosecutors
Grand juries
Trial juries
Judges
Multiple appellate courts
Governor and parole board
All defendants would have the right to an attorney, the right to remain silent, and all other constitutionally required due process. The state would bear the burden of proving its case beyond a reasonable doubt.
Finally, before any sentence could be imposed upon any defendant, the people participating in that justice system process would be required to be in nearly unanimous agreement that the process and outcome were just.
Did the trigger law significantly reduce abortions in Oklahoma?
No. It only regulates abortion by prohibiting third parties like clinics from performing abortions.
However, it allows pregnant mothers to “self-induce” their own abortions throughout the pregnancy. This also means that, up to a point, it remains legal for others to pressure pregnant mothers into aborting their babies.
Despite the trigger law, Oklahoma babies are still being aborted on a horrific scale. Based on conservative projections, over 6,159 Oklahoma preborn babies were legally murdered in 2024 as allowed by current law.[1] Over 3,440 occurred out of state,[2] while another 2,719 Oklahoma mothers legally performed DIY at-home abortions using the abortion pill.[3]
According to the New York Times, “In nearly every state that has banned abortion, the number of women receiving abortions increased between 2020 and the end of 2023 … Some women traveled to clinics in states where abortions were legal. Others ordered abortion pills from U.S. doctors online.”
NOTES:
Oklahoma Statutes § 21-861.
Maddow-Zimet I, Philbin J, DoCampo I and Jones RK, Monthly Abortion Provision Study, updated November 18, 2025, https://osf.io/k4x7t.
Society of Family Planning. #WeCount Report April 2022 through December 2024. 23 Jun. 2025, https://societyfp.org/wecount-report-9-december-2024-data/, https://doi.org/10.46621/725961gzsnai. The telehealth numbers in this chart are adjusted down from #WeCount totals to account for studies that indicate only 88% of mail order abortion pills are actually taken to complete an abortion. See the Babies Unprotected report for additional sources.
Could anyone who has been involved with an abortion in the past be prosecuted?
No. Retroactive application is explicitly prohibited by the Oklahoma Constitution, the U.S. Constitution, and by the bill itself.
Could the bill punish women who have had miscarriages?
No. The bill explicitly provides that it does not apply to miscarriages.
Would the bill allow doctors to deal with medical emergencies like ectopic pregnancies?
Yes. The bill explicitly allows this.