South Dakota Gov. Dennis Daugaard (R) on Thursday signed a bill (SB 72) that bans almost all abortion care after 20 weeks of pregnancy, the Argus Leader reports (Ferguson, Argus Leader, 3/10).
The law is scheduled to take effect on July 1 (Nord, AP/ABC News, 3/10).
Background
Currently, the state prohibits abortion care after 24 weeks of pregnancy.
According to Planned Parenthood Minnesota, North Dakota, South Dakota (PPMNS), the sole abortion clinic in South Dakota does not provide abortion care after 14 weeks of pregnancy. Three large health systems in the state only provide abortion care in instances where the woman's life is in danger or in "terminal circumstances."
Law details
The new law is based on the medically unfounded claim that fetuses can feel pain at 20 weeks of development. Under the legislation, individuals who perform an abortion after 20 weeks of pregnancy can be charged with a Class 1 misdemeanor, which can entail a $2,000 fine and up to one year imprisonment. A woman who obtains an abortion after 20 weeks of pregnancy is not subject to the penalties.
The law includes an exception in the case of a medical emergency. The exception does not recognize a woman's mental or emotional distress, even if a woman is considering suicide. The law does not include exceptions for rape or incest (Women's Health Policy Report, 3/10).
Reaction
The American Civil Liberties Union, several reproductive-rights groups and other opponents of the legislation said it is unconstitional because it imposes a ban on abortion care prior to fetal viability (Argus Leader, 3/10). Thirteen other states have enacted similar bans. Bans in Arizona, Idaho and Georgia have been blocked by the courts (AP/ABC News, 3/10).
Susan Kroger, executive director of NARAL Pro-Choice South Dakota, said the passage of the bill "marks an unfortunate day for women in South Dakota." She added, "I hope the voters remember these legislative priorities in the ballot box."
Marvin Buehner, an ob-gyn in the state, warned that the legislation could force doctors to treat a woman based on what is legal according to antiabortion-rights restrictions, rather than medically appropriate. "These politicians have decided to put their national anti-abortion ideology above patient safety," he said, adding, "They have malignantly crippled the doctor-patient relationship" (Argus Leader, 3/10).
Timothy Stanley, senior director of public affairs at PPMNS, said, "[T]his is just another bill that puts politicians in the way of women's personal medical decisions." The legislation could "do tremendous harm to the women who are the most vulnerable in the state of South Dakota," he added (AP/ABC News, 3/10).
