South Dakota moves closer to banning abortion

I found this article on the website of an ABC affiliate in South Dakota:

The State Legislature continues to tackle a wide range of issues in Pierre. One of the most controversial bills will be heard this week. House Bill 1191 - known as the Abortion Bill - is an attempt to declare when human life begins and how it should be protected.

HB 1191 has bi-partisan support, with more than 60 co-sponsors. "I think we've got 2/3 in the House of Representatives and we have a majority of the Senators that also believe that as a state, it's our responsibility to finally say...let us define life," said Representative Phyllis Heineman of Sioux Falls. She explains: "The bill is basically two parts. It's saying let's try to define when we as a state, see that life begins. And then, let's put a prohibition on the termination of that life."

Apparently the bill goes to committee in the house tommorrow. The supporters of the bill believe they've got the votes.

They're taking an interesting way of getting to the abortion ban. The Roe court was a little vague on when life begins (despite a long discussion of the history of this issue). The South Dakota legislature begins with a finding that, based on available medical data, life begins at conception. Some have stated that they're calling the court's bluff. If the court accepts the legislature's finding, the rest flows automatically because a) the Supreme Court has already ruled that the state's do have a legitimate right to protect life and b) the 14th Amendment requires equal protection of all peoples. (If life begins at birth and other lives are protected by murder statutes, then they all must be protected.)

Further, this bill provides punishment only for the doctor (and then only under strict guidelines); the mother could apparently not be punished. This will allow them to get out of charges that they're trying to victimize scared women.

I don't know whether they'll succeed, but we'll never know if we don't try. The state legislatures were always the appropriate place to decide the issue. This law's time has come.

Comments

[T J]

I am a pro lifer but am against a bill in South Dakota to ban abortions. I believe that the governments place in controlling these decisions is limited. Despite my morale beliefs that it is wrong.

TJ