South Dakota Reproductive Rights Controversy Article Index for
South Dakota 		Website Links For
South Dakota 		 

Information About

South Dakota Reproductive Rights Controversy
SHOPPER'S DELIGHT
 
Shop For:  
Department
Price Minimum:
Price Maximum:
      




LEGISLATIVE HISTORY AND LEGAL RAMIFICATIONS


In 2004, a bill outlawing abortion passed both houses of the legislature, but was vetoed by the Governor due to a technicality. The state's legislature subsequently passed five laws curtailing the legality of abortion in 2005 [http://www.washingtonpost.com/wp-dyn/content/article/2005/12/26/AR2005122600747.html]. The majority of a legislative "task force" [http://legis.state.sd.us/sessions/2005/bills/HB1233enr.htm] then issued a report recommending that the Legislature illegalize all abortions, which would lead to a challenge of the constitutionality of Roe V. Wade in the United States Supreme Court . A separate minority report criticizing the process and reaching different conclusions was also released [http://www.thenation.com/doc/20060417/bans].

In February of 2006, the Legislature passed H.B. 1215, which was signed into law by Governor Mike Rounds on March 21, 2006. The legislative act forbids pregnancy termination under virtually every circumstance, including for victims of rape and incest, with the exception of "a medical procedure designed or intended to prevent the death of a pregnant mother." Physicians performing such procedures are still required to "...make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child embryo or fetus'' ."

The act explicitly defines pregnancy as beginning at the point of conception rather than at implantation into the uterine wall (see Fertilisation ), which could mean that H.B. 1215 applies to the drug RU486 as well as to abortion.

Under current standards of jurisprudence, most legal experts concur that H.B. 1215 is patently Unconstitutional . The historically significant and controversial 1973 Supreme Court decision Roe V. Wade affirmed that women have an absolute right to terminate a pregnancy in its first Trimester , and H.B. 1215 directly conflicts with the reproductive rights protected by Roe.

Several members of the South Dakota legislative majority, as well as Governor Rounds, acknowledge that the overt goal of H.B. 1215 is to get the Supreme Court to overturn Roe {Link without Title} per the recommendation of the task force (see also Supreme Court Of The United States -- Political Leanings ). If Roe is overturned, there are "trigger" provisions in H.B. 1215 which would instantly criminalize obtaining or providing abortions (and possibly other medical services as noted above).


REACTION TO H.B. 1215


  • Several pro-life activist organizations have hailed H.B. 1215 as an important measure to protect what they refer to as unborn children. One such organization, Pro-Life Wisconsin , is encouraging families to vacation in South Dakota as a political statement [http://www.prolifewisconsin.org/news_story.asp?id=165].


  • The task force report did not include the testimony of several legal and medical experts who spoke in support of keeping abortion a safe and legal option, leading to criticism that the majority report was biased and medically inaccurate {Link without Title} .





MEDIA COVERAGE


  • Among those who drew national attention as a result of H.B. 1215 was State Senator Bill Napoli , whose comments about a hypothetical case wherein abortion could be acceptable were widely reprinted (see His Article for more). Napoli's quotes were parodied in the comic strip Minimum Security ; the parody included both his home and work telephone numbers [http://www.minimumsecurity.net/toons2006/6034.htm]. The original of the strip was sold by the artist for over $2000 on [http://www.ebay.com eBay] to raise money for pro-choice causes.




SEE ALSO



EXTERNAL LINKS