Okla. Stat. tit. 63, § 63-1-745.40

A. 1. A defendant against whom an action is brought under

Section 9 of this act may assert an affirmative defense to liability

under this section if:

a. the defendant has standing to assert the rights of

women seeking an abortion under the tests for third-

Oklahoma Statutes - Title 63. Public Health and Safety Page 407

party standing established by the United States

Supreme Court, and

b. the imposition of civil liability on the defendant

will result in an undue burden on a woman or group of

women seeking an abortion.

2. The defendant shall bear the burden of proving the

affirmative defense in this subsection by a preponderance of the

evidence.

B. The affirmative defense under subsection A of this section

shall not be available if the United States Supreme Court overrules

Roe v. Wade, 410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505

U.S. 833 (1992), regardless of whether the conduct on which the

cause of action is based under Section 9 of this act occurred before

the Supreme Court overruled either of those decisions.

C. Nothing in this section or this act shall in any way limit

or preclude a defendant from asserting the defendant's personal

constitutional rights as a defense to liability under Section 9 of

this act, and a court shall not award relief under Section 9 of this

act if the conduct for which the defendant has been sued was an

exercise of state or federal constitutional rights that personally

belong to the defendant.

D. Nothing in this section or this act shall limit or preclude

a defendant from asserting the unconstitutionality of any provision

of this act as a defense to liability under Section 9 of this act.