South Carolina Lawmakers Move To Ban Post-Conception Abortion

South Carolina lawmakers took another step toward banning abortion from conception after passing Bill 83-31 on Wednesday.

The Protection of Human Life Act, as written, bans abortion in the state because the South Carolina Constitution guarantees that no one shall be “deprived of life without due process of law.”

Anti-abortion activists hold signs outside the U.S. Supreme Court after Roe v.'s case was overturned.  Wade in Washington DC on June 24, 2022.

Anti-abortion activists hold signs outside the U.S. Supreme Court after Roe v.’s case was overturned. Wade in Washington DC on June 24, 2022. (STEPHANIE REYNOLDS/AFP via Getty Images)

In June, the Supreme Court overturned Roe v. Wade, effectively ending recognition of the constitutional right to abortion and giving individual states the power to allow, restrict, or outright ban the practice.

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The decision was made in the opinion of the court in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law banning abortion after 15 weeks of pregnancy. The Republican-led state of Mississippi has asked the Supreme Court to strike down a lower court ruling that struck down the 15-week abortion ban.

Judge Samuel Alito wrote in the court’s opinion that this would end the incarceration where it began, and that the Constitution does not prevent the citizens of every state from regulating or prohibiting abortion.

Anti-abortion demonstrators hold a protest outside the Planned Parenthood Reproductive Health Center in St. Louis, Missouri, May 31, 2019, the last place in the state to perform abortions.  (Photo by SAUL LOEB/AFP) (Photo by SAUL LOEB/AFP via Getty Images)

Anti-abortion demonstrators hold a protest outside the Planned Parenthood Reproductive Health Center in St. Louis, Missouri, May 31, 2019, the last place in the state to perform abortions. (Photo by SAUL LOEB/AFP) (Photo by SAUL LOEB/AFP via Getty Images) ( )

“Rowe and Casey arrogated that power to themselves,” he opined. “Now we are reversing those decisions and returning that power to the people and their elected representatives.”

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South Carolina’s proposed anti-abortion bill takes note of the Supreme Court’s ruling and the state’s use of its political power to secure the right to life of unborn children.

The law prohibits anyone from prescribing, prescribing, delivering, or selling to a pregnant woman drugs or substances that can cause an abortion.

Similarly, the bill prohibits anyone from using tools or devices to perform an abortion.

Lebanon, Ohio, has significantly eased restrictions on abortion, prompting activists to drop the lawsuit against the city.

Lebanon, Ohio, has significantly eased restrictions on abortion, prompting activists to drop the lawsuit against the city. (AP Photo/Alex Brandon, file)

The proposed law spells out exceptions, such as if the pregnancy is the result of rape or incest, or if there is a fatal fetal anomaly confirmed by two doctors.

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The law also states that any doctor who performs or causes an abortion because of rape must report it to the county sheriff no more than 24 hours after the procedure. The doctor is also required to retain a DNA sample from the fetal remains and keep it as evidence under the Evidence Preservation Act.

In terms of penalties, anyone who breaks the law can be fined up to $10,000 and sentenced to prison for up to two years.

Josiah Magnuson, a Republican member of the state House of Representatives, said Wednesday that he is proposing tougher penalties and up to 10 years for a first offense and 25 years for a second or any subsequent offense.

He explained that, as the law is currently written, South Carolina will have the lightest penalties for abortion among states that have taken steps to ban the practice.

Magnuson said he wanted to save as many lives as possible, and when abortion is considered murder, it should be treated as such.

The House of Representatives passed the bill by a vote of 83 to 31 and will now send it to the State Senate for consideration.

In 2021, South Carolina Gov. Henry McMaster signed the Fetal Heart Act into law, banning abortions after a fetal heartbeat is detected, which typically occurs around six weeks into pregnancy.

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The state Supreme Court ruled the law unconstitutional.

In a letter on behalf of the majority, Judge Kay Hearn said: “We believe that the decision to terminate a pregnancy is based on the most personal and personal considerations imaginable and implies a woman’s right to privacy. While this right is not absolute and must be balanced against the State’s interest in protecting the unborn life, this law, which severely restricts and in many cases outright prohibits abortion, is an unreasonable restriction on a woman’s right to privacy and is therefore unconstitutional.”

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texasstandard.news contributed to this report.

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