By Tony Kukulich
Legislation that would outlaw nearly all abortions in South Carolina was taken up by the House this week in a special session, while the Senate is expected to debate the bill starting Sept. 7.
The bill, H.5399, passed the House by a final vote of 67-38 on Tuesday, but only after changes were made.
The version of the bill that went to the House outlawed all abortions except if the life of the mother was endangered by the pregnancy. It did not allow for abortions in cases of pregnancy that resulted from rape or incest. It failed on the first vote 47-55. According to the AP, those exceptions were added to the bill, and it passed in a subsequent vote.
“It is not prudent to speculate on how anyone will vote on this bill since I expect there will be many votes, very active debate, many amendments and plentiful nuances – each potentially affecting numerous areas of the bill,” said Rep. Shannon Erickson, R-124, prior to the start of debate.
Erickson did not cast a vote Tuesday. The House voting record shows that she had an excused absence.
When the U.S. Supreme Court issued its Dobbs v. Jackson ruling in June of this year, it overturned the long-standing protection of a woman’s constitutional right to an abortion afforded by the Court’s 1973 Roe v. Wade decision.
H.5399 is the latest attempt to enact restrictions on access to abortions in the state.
Senate Bill S.1, the so-called South Carolina Fetal Heartbeat and Protection from Abortion Act, was passed by the state legislature and signed by Gov. Henry McMaster in February 2021. It prohibits abortions if a doctor can detect a fetal heartbeat, which can occur as early as six weeks after conception.
“Anti-abortion lawmakers in South Carolina have made their intention clear: they are determined to force South Carolinians to give birth in a state with dangerously high rates of maternal and infant mortality, a devastating health worker shortage, and high rates of economic insecurity,” said Vicki Ringer, director of public affairs for Planned Parenthood South Atlantic. “… This is not what South Carolinians want for their state, and we urge legislators to reject it.”
Under Roe v. Wade, the Fetal Heartbeat bill was unenforceable as evidenced when a federal judge blocked the implementation of S.1 in March 2021. After the Dobbs decision, South Carolina legislators quickly moved to make it law.
“Today’s Supreme Court ruling is a resounding victory for the Constitution and for those who have worked for so many years to protect the lives of the most vulnerable among us,” said McMaster in a statement after the June ruling on Roe v. Wade. “By the end of the day, we will file motions so that the Fetal Heartbeat Act will go into effect in South Carolina and immediately begin working with members of the General Assembly to determine the best solution for protecting the lives of unborn South Carolinians.”
However, earlier this month the South Carolina Supreme Court stepped in and temporarily blocked the enforcement of S.1. stating, “At this preliminary stage, we are unable to determine with finality the constitutionality of the Act under our state’s constitutional prohibition against unreasonable invasions of privacy.”
The court’s decision was welcome news to pro-choice advocates.
“Today’s decision is a huge relief for people who desperately need abortion care in South Carolina right now,” said Genevieve Scott, senior counsel at the Center for Reproductive Rights. “Many have been panicking for far too long as they try to figure out where they can turn to for services, if at all. This unjust ban is incredibly dangerous and jeopardizes people’s health and wellbeing. People should not have to question if and how they can access the essential health care they need. We will continue to use every tool at our disposal to fight for and protect South Carolinians’ fundamental right to abortion.”
Alan Wilson, South Carolina attorney general, is tasked with defending S.1.
“While we are disappointed, it’s important to point out this is a temporary injunction,” Wilson said as reported by the Washington Post. “The court didn’t rule on the constitutionality of the Fetal Heartbeat law. We will continue to defend the law.”
With S.1 having been enjoined by the state Supreme Court, abortion remains legal in South Carolina until 21 weeks and 6 days of pregnancy.
Lynn Teague, vice president of the League of Women Voters of South Carolina, asserted that the the majority of South Carolina residents don’t want unrestricted access to abortion, but are comfortable with restrictions allowed under the Roe v. Wade decision. Under that decision, the rights of the pregnant person took priority until the fetus reaches viability. South Carolina abortion legislation established viability at 22 weeks of pregnancy, though some providers use an earlier date.
“We believe that the attempts to ban abortions earlier are, in fact, not based on science but are based on religious beliefs that are not shared by everyone in this country – that from conception and embryo and a fetus is a person with the full rights of a living, breathing person. That’s the core of the issue,” Teague said.
Teague pointed to recent polling released by Planned Parenthood indicating that 61% of South Carolina voters say that abortions should be legal while 8% support a total ban on abortion.
“Most Americans want to keep abortion legal and accessible, and South Carolinians are no exception,” said Alexis McGill Johnson, president of Planned Parenthood Action Fund. “But today, lawmakers have insisted on pushing a cruel and reckless agenda that is wildly out of touch with the vast majority of their constituents.”
In addition to H.5399, the Senate is currently considering S.1373. If passed into law, it will be illegal: to help someone obtain an abortion, even if the abortion is performed in a state where the procedure is legal; to transport a minor to another state to obtain an abortion or a medicine that can cause an abortion and to advertise, possess, sell or distribute medicine that can be used to cause an abortion.
Tony Kukulich is a recent transplant to the Lowcountry. A native of Wilmington, Del., he comes to The Island News from the San Francisco Bay Area where he spent seven years as a reporter and photographer for several publications. He can be reached at tony.theislandnews@gmail.com.
