PIERRE, S.D. — South Dakota lawmakers approved a ban on nearly all abortions Friday, setting up a deliberate frontal assault on Roe v. Wade at a time when some activists see the U.S. Supreme Court as more willing than ever to overturn the 33-year-old decision.
Republican Gov. Mike Rounds said he was inclined to sign the bill, which would make it a crime for doctors to perform an abortion unless it was necessary to save the woman’s life. The measure would make no exception in cases of rape or incest.
Many opponents and supporters of abortion rights believe the U.S. Supreme Court is more likely to overturn its 1973 Roe v. Wade decision legalizing abortion now that conservatives John Roberts and Samuel Alito are on the bench. Lawmakers said growing support among South Dakotans for abortion restrictions added momentum to the bill.
“I think the stars are aligned,” said House Speaker Matthew Michels, a Republican. “Simply put, now is the time.”
Planned Parenthood, which operates the only abortion clinic in South Dakota, has pledged to sue over the measure. About 800 abortions a year are performed in South Dakota.
Some opponents of the bill said abortion should at least be allowed in cases of rape or incest, or where the woman’s health is threatened.
If a rape victim becomes pregnant and bears a child, the rapist could have the same parental rights as the mother, said Krista Heeren-Graber, executive director of the South Dakota Network Against Family Violence and Sexual Assault.
“The idea the rapist could be in the child’s life ... makes the woman very, very fearful. Sometimes they need to have choice,” Heeren-Graber said.
Under the measure, doctors could get up to five years in prison for performing an illegal abortion. The House passed the bill 50-18 on Friday, and the Senate approved it 23-12 earlier this week. If signed, it would become law July 1.
Girding for battle
Money for the anticipated legal fight is already pouring in. Lawmakers were told during the debate that an anonymous donor has pledged $1 million to defend the ban, and the Legislature is setting up a special account to accept donations.
“We’ve had people stopping in our office trying to drop off checks to promote the defense of this legislation already,” Rounds said.
Leslee Unruh, president of the Alpha Center, a Sioux Falls pregnancy counseling agency that tries to steer women away from abortion, said most of the abortions performed in South Dakota do not stem from rape or even failed contraception, but are simply “conveniences.”
Unruh said she believes most South Dakota women want the state to ban abortion, and many who have had abortions “wish someone would have stopped them.”
The governor said he believes it would be better to eliminate abortion in steps rather than all at once. Rounds indicated he does not share the view that Alito and Roberts will usher in sudden, dramatic changes in how the court views abortion. He said it could be a drawn-out legal battle, and noted that it is not even assured that the high court will hear the case.
The bill “may satisfy a lot of individuals out there who would like to see if there is one slim chance the court may entertain three years from now a direct assault on Roe v. Wade,” Rounds said.
He added, however: “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. If this bill accomplishes that, then I am inclined to sign the bill into law.”
Rounds said his staff will review the bill for technical defects. He noted that he vetoed a similar measure two years ago because it would have wiped out all existing restrictions on abortion while the bill was challenged in court.
Critics warn of back-room abortions
Some advocates said an abortion ban would hurt poor women the most by forcing them to travel long distances to other states where the procedure is legal.
“It’s a sad state of affairs that we have only one choice right now” in South Dakota, said Charon Asetoyer of the Native American Women’s Health Care Education Resource Center. “But if you have to go out of state, the cost of making that trip will be prohibitive.”
Kate Looby, Planned Parenthood director in Sioux Falls, said women who cannot afford to travel to a clinic might be forced to turn to unsafe methods of abortion.
“We’ve seen it in the past in this country, we’ve seen it all over the world and there’s no reason to believe it would not happen in South Dakota,” Looby said.
According to the Guttmacher Institute, a reproductive rights organization in New York and Washington, similar abortion proposals are in the works in seven other states: Missouri, Indiana, Kentucky, Oklahoma, West Virginia, Georgia and Tennessee.
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