Abortion debate heats up in South Dakota

A near-total ban on abortions has been signed into law in South Dakota, a measure the governor called a “direct frontal assault” on the US Supreme Court decision to legalise the procedure 33 years ago.

Supporters and opponents of abortion rights had been gearing up for a showdown even before Governor Mike Rounds added his signature to the bill yesterday in Pierre, and both sides expected a lengthy battle.

“We fully intend to challenge this law,” said Kate Looby, state director of Planned Parenthood, which operates the state’s only abortion clinic. “It’s just a question of how.”

The bill would make it a crime for doctors to perform an abortion unless the procedure was necessary to save the woman’s life. It would make no exception for cases of rape or incest, but such victims could get emergency contraception.

Under the new law, doctors could get up to five years in prison for performing an illegal abortion.

A judge is likely to suspend the abortion ban before it is due to take effect on July 1, which means it would not change state policy unless the case gets all the way to the US Supreme Court and the state wins.

The Legislature passed the bill last month after supporters argued that the recent appointment of conservative justices John Roberts and Samuel Alito have made the Supreme Court more likely to overturn 1973’s Roe-versus-Wade ruling.

This established that governments lacked the power to prohibit abortions.

While Rounds said he personally believed it would be better to chip away at abortion one step at a time rather than directly confront Roe versus Wade, he said many abortion opponents thought otherwise.

“Personally, I think this court will be more interested in looking at different aspects of Roe versus Wade rather than the direct frontal assault, but we’ll never know unless someone tries,” Rounds said.

Rob Regier, executive director of the South Dakota Family Policy Council, commended Rounds’ decision. “His signature marks the beginning of a renewed effort to abolish abortion in our country,” Regier said.

Some other states have been considering similar bans on abortion, and the South Dakota legislation will have an impact elsewhere, said Nancy Keenan, president of NARAL Pro-Choice America.

“We see that this is about more than just South Dakota. It’s about the country,” Keenan said. “The bottom line in all of it is: elections matter.”

Planned Parenthood has not yet decided whether to challenge the measure in court or to seek a state-wide public vote in November. A referendum would either repeal the abortion ban or delay a court challenge to the legislation.

“Obviously, we’re very disappointed that Governor Rounds has sided on the side of politics rather than on the side of the women of South Dakota to protect their health and safety,” Looby said.

If the bill is put to a state-wide vote, the battle is likely to be nasty, said Thelma Underberg, executive director of National Abortion Rights Action League Pro-Choice South Dakota.

“It could be an ugly campaign,” Underberg said.

In the meantime, Planned Parenthood will remain open to provide services that include family planning, emergency contraception and safe and legal abortions, Looby said.

About 800 abortions are performed each year in South Dakota. Planned Parenthood has said other women cross state lines to reach clinics.

The abortion bill earlier this month passed South Dakota’s House 50-18 and its Senate by 23-12.

For the most part, Republicans have dominated the state legislature since the 1970s.