South Carolina Prepares To Ban Abortions After 6 Weeks

Topline

The South Carolina Senate passed a ban on most abortions after about six weeks of pregnancy Tuesday, and the governor is expected to sign it, joining a growing list of GOP-led states that have passed tight restrictions on abortion since Roe v. Wade was overturned last year—but South Carolina’s bill faces some legal uncertainty.

South Carolina Governor Henry McMaster is expected to sign the bill (AP Photo/Sean Rayford).

Key Facts

The ban—which passed the Senate 27-19 after passing the House 82-33 last Wednesday—will have exceptions for rape, incest and medical emergencies.

Doctors found to be providing services after the six-week threshold could face up to two years in prison and a $10,000 fine.

Those under the age of 16 seeking an abortion without parental consent will need to receive permission from a judge within about six weeks—excluding rape or incest victims, who would have 12 weeks.

Child support will also be required to be paid from the date of conception by a child’s “biological father” under the new rules.

Abortion in South Carolina is currently legal up to 22 weeks—but regulations have stiffened the state’s three clinics, with access to abortion generally unavailable past 12 weeks.

What To Watch For

Republican Gov. Henry McMaster said in a tweet he will sign the bill “as soon as possible.”

Surprising Fact

The South Carolina bill attempts to restore a similar law that was overturned by the state Supreme Court earlier this year on grounds that it violated a right to privacy under the state constitution. Lawmakers have made modifications to the bill to help get it through the court, which has changed in composition following this year’s retirement of Kaye Hearn, who was the court’s only woman judge. Still, abortion rights advocates say they will challenge the new law: Planned Parenthood South Atlantic CEO Jenny Black said, “We’ll see you in court,” with the organization calling the bill “even more onerous” than the previous ban.

Key Background

If it goes into effect, South Carolina will become one of more than a dozen states to enact a ban on most or all abortions. Opponents of the bill say the six-week deadline would ban most abortions, as many women do not know they are pregnant at that point. Many states have rushed to pass such bans since Roe v. Wade was overturned last year in a 6-3 vote by the Supreme Court, eliminating the federal right to abortion, though a few state courts have prevented abortion bans from going into effect. Just last week, Nebraska lawmakers passed a bill banning most abortions past 12 weeks of pregnancy. North Carolina’s Republican House and Senate also voted in a bill that restricts nearly all abortions in the state after 12 weeks, overriding a veto by the state’s Democratic governor.

Contra

Three female Republican senators voted against the bill, including Sen. Katrina Shealey. “We in the South Carolina Legislature are not God. We do not know what’s going on in somebody else’s life,” Shealy said. “We do not have the right to make decisions for someone else.”

South Carolina Prepares To Ban Abortions After 6 Weeks—But Court Challenges Could Follow