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 mlings 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 prebom 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.”