Abortion Reservations: Can States Do Anything If Indian Tribes Offer Abortions In A Post-Roe World?

By Rachel Morris | Wednesday, 18 May 2022 05:15 AM
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Oklahoma Gov. Kevin Stitt (R) on Sunday warned Native American tribes not to establish abortion safe harbors if Roe v. Wade is overturned and his state passes a ban on abortions.

Stitt told “Fox News Sunday” there was a “possibility” tribes could establish abortion havens if his state makes most abortions illegal.

“Oklahomans will not think very well of that if tribes try to set up abortion clinics,” Stitt said, warning he is monitoring the situation.

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Stitt emerged on “Fox News Sunday” after the Supreme Court leak of a draft opinion showing the court was preparing to overturn the 1973 precedent Roe v. Wade, which created a constitutional right to abortions.

Oklahoma has enacted a total ban on abortions after six weeks, only making an exception if the mother’s life is endangered. The law will go into effect if Roe v. Wade is overturned.

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More than half of Oklahoma is within tribal lands. Stitt said the expansion of tribal lands in Oklahoma includes the city of Tulsa, which covers about 1 million people, so he is “watching” what might be done to establish abortion safe havens in his state.

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“You know, the tribes in Oklahoma are super liberal,” he said. “They go to Washington, D.C. They talk to President [Joe] Biden at the White House; they kind of adopt those strategies. So yeah, we think that there’s a possibility that some tribes may try to set up abortion on demand. They think that you can be 1/1,000th tribal member and not have to follow the state law. And so that’s something that we’re watching.”

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The Supreme Court is currently directing a case involving a separate conflict between Stitt and tribal leaders over whether the state can prosecute non-Native Americans for crimes committed on tribal lands if the victim is Native American.

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Stitt insisted that nothing justified abortion.

“We believe that God has a special plan for every single life,” he said in assailing the “socialist Democrat left” on the issue.

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Speaking later on the same program, Colorado Gov. Jared Polis, a Democrat, took the opposite viewpoint on abortion from Stitt in just about every instance.

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“People face gut-wrenching decisions every day whether it’s rape or incest, they often have to choose between the life of the mother or child. For the government to insert itself in that conversation between a doctor and a woman, a faith leader and a woman, is simply wrong. I think we need to approach this differently,” Polis said.

Polis in April signed into law the Reproductive Health Equity Act, designed to guarantee that abortion remained legal in Colorado.

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