South Dakota Legislature Approves Ban on All Abortions

By Linda Orlando

In the first direct legal assault on the 1973 Roe v. Wade decision legalizing abortion, the South Dakota Legislature has approved a ban on nearly all abortions in the state of South Dakota. Republican Gov. Mike Rounds told reporters that he is inclined to sign the bill, thereby making it illegal for doctors to perform abortions. The only exception to the law would be in cases where an abortion is necessary to save the life of the mother. There would be no exceptions in cases of incest or rape.

If the governor does sign the bill, it will become law on July 1. Planned Parenthood, which operates the only abortion clinic in the entire state, has vowed to sue the state over the bill. Their clinic performs about 800 abortions each year. Other opponents of the bill say that abortion should be allowed not only in cases where a woman’s health is threatened, but also in cases involving rape and incest. Krista Heeren-Graber, executive director of the South Dakota Network Against Family Violence and Sexual Assault, said that if a woman becomes pregnant as a result of rape, the rapist would have the same legal rights to the child as the mother does. "The idea that the rapist could be in the child’s life…makes the woman very, very fearful," said Heeren-Graber. "Sometimes they need to have a choice."

Now that Justices John Roberts and Samuel Alito have been appointed to the U.S. Supreme Court, many supporters of abortion rights have openly worried that the court is more likely to overturn the Roe v. Wade decision legalizing abortion. Some believe that Friday’s decision in South Dakota may be the first step toward that. The South Dakota Senate approved the measure 23-12 earlier this week, and the House passed the bill 50-18 on Friday. Under the new law, doctors could get up to five years in prison for performing an illegal abortion.

Gov. Rounds said that although he believes it would be better to eliminate abortion gradually in a series of steps, some abortion opponents would welcome a court challenge that could completely eliminate abortion in one fell swoop. "I've indicated I'm pro-life and I do believe abortion is wrong, and that we should do everything we can to save lives," Rounds said. "If this bill accomplishes that, then I am inclined to sign the bill into law."

While lawmakers were debating the issue, they were told that an anonymous donor has pledged to give the state $1 to defend the abortion ban in court, if it comes to that. Many other people throughout the state have also offered to send donations in support of the measure. "I can tell you first-hand we’ve had people stopping in our office trying to drop off checks to promote the defense of this legislation already," Rounds said. The state Legislature is setting up a special account for donations in anticipation of the legal fight.