South Dakota outlaws abortion
South Dakota governor Mike Rounds signed into law this week a bill passed by the South Dakota legislature that outlaws all medical and surgical abortions in the state.
The new law makes it a crime for anyone to intentionally kill a baby in the womb.
There is a great deal of confusing information being spread about this new law. We will use this issue of WSR to try and explain what the law does and does not do.
First, the main text of the law reads:
No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being. Any violation of this section is a Class 5 felony.
Does the law contain an exception for "the life of the mother?" NO. Despite newspaper accounts which claim that such an exception is in the law, what it actually states is:
No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 2 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of this statute.
Thus, the law says you cannot kill the baby to save the mother's life. You must try to save both mother and child. If, in doing this, the baby is accidentally or unintentionally killed, this is not a crime. But, direct and intentional killing of the baby is not allowed.
Does the law say that contraception that prevents implantation is okay? NO. What it says is that this particular law does not cover that circumstance. Thus, that will have to be dealt with in another law. Specifically, the bill says:
Nothing in ... this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.
"Why," you may ask, "does this need to be in the law?" Well, remember that we are dealing here with a law. It, therefore, needs to be very legalistic in its language. If we go back to the first statement above, you will read that the law requires an "intent" to end the life of a preborn child. Since the contraceptive products work some of the time by killing the child but other times by preventing ovulation or fertilization, it would be difficult to argue intent. In addition, if the law is in anyway vague, Planned Parenthood would argue that it should be declared unconstitutional because it is vague. Thus, the authors appear to have taken great pains to spell out exactly what the law covers and what it does not cover.
This is just good writing of a law so it cannot get sidetracked from its main purpose.
Of course, if "conventional medical testing" advances to the point that we can determine the existence of the human being at fertilization, this law would prevent the use of these products after fertilization.
In addition, the law defines fertilization, human being and pregnancy as follows:
"Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum"Unborn human being," an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and childbirth;
"Pregnant," the human female reproductive condition, of having a living unborn human being within her body throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and child birth;
American Life League statement on the South Dakota law
We at American Life League have issued the following statement concerning the South Dakota bill:
American Life League welcomes the South Dakota bill which outlaws all medical and surgical abortions in the state without exception (despite news reports claiming there is an exception for life of the mother).We are particularly encouraged that the bill specifically defines a human being's life as beginning at fertilization.
Planned Parenthood has already announced its intention to challenge the bill in court. It is possible that this challenge may make it all the way to the United States Supreme Court. We are praying that the U.S. Supreme Court will use this bill, and its definition of a human being, as a vehicle to declare the personhood of pre-born children as beginning at fertilization.
We disagree with those who worry that the timing is not right for the bill. We firmly believe that it is the responsibility of the pro-life movement to always push as hard as possible for full protection of every baby. As much as we humans try to convince ourselves that we can determine the exact time when certain legislation should be passed, the reality is that it is God's time that is important.
We pray that God will use the efforts of the people in South Dakota and other states to bring a full recognition of the personhood of every human being from its point of creation to its natural death.
Planned Parenthood vows to fight South Dakota law
Planned Parenthood operates the only abortion facility in the state of South Dakota. Obviously, this new law will affect its operations and its ability to continue to kill babies in the state. In response to this new law, Cecile Richards, president of Planned Parenthood Federation of America, issued the following statement:
NEW YORK - Planned Parenthood denounced South Dakota Governor Mike Rounds' signing of the South Dakota abortion ban today, vowing to use all legal options available to protect the rights and health of women and families in South Dakota and across the country."South Dakota has made abortion a criminal act. Ever since the South Dakota legislators cast their votes last week, people across the country have been calling Planned Parenthood in shock, fear, and outrage," said Planned Parenthood Federation of America President Cecile Richards. "A 92-year-old woman, horrified by the governor's action, picked up the phone to make her first-ever gift to the reproductive rights movement, and a mother of three called us, crying, to send her support. And South Dakota may not be the only state to ban abortion - 10 other states currently have abortion ban bills pending."
Across the country, anti-choice politicians are creating a gauntlet of legislation that attempts to put roadblocks between women and reproductive health care. Currently there are approximately 850 pieces of state legislation related to choice - only a small minority of which support women's access to reproductive health services. Eighteen states are currently considering a range of abortion bans that take decisions about health care out of the hands of women, their families and their doctors. Ten of those states are considering bans similar to that of South Dakota, or laws that would ban abortion automatically if Roe were overturned. They include: Alabama, Georgia, Indiana, Kentucky, Mississippi, Missouri, Ohio, Oklahoma, Tennessee, and West Virginia.
"This is proof-positive that Governor Rounds cares more about politics than about the health and safety of women in South Dakota," said Sarah Stoesz, president and CEO of Planned Parenthood Minnesota North Dakota South Dakota. "In every state, women, their families, and their doctors should be making private, personal health care decisions - not politicians."
"These abortion bans, and the politicians supporting them, are far outside the mainstream of America," added Richards. "Planned Parenthood will fight these attacks in court, in the state houses, and at the ballot boxes, to ensure that women, with their doctors and families, continue to be able to make personal health care decisions without government interference."
URGENT - Immediate action to counter Planned Parenthood's plans
Planned Parenthood is calling on its affiliates all across the United States to hold a demonstration tomorrow, March 9, in opposition to the South Dakota law.
Specifically, Cecile Richards, president of PPFA, sent out the following call to action:
TO: All Planned Parenthood Activists!"We don't have to tell any of you what a devastating week it has been for reproductive rights in this country. Last week the South Dakota legislature voted to ban abortion in that state. This ban is an attack on women's fundamental right of privacy and their ability to make the most intimate and personal choice about when and whether to have a child. PPFA will fight the ban in court to protect Planned Parenthood patients but we need affiliates across the country to join us in our efforts.
What you can do to help South Dakota -
* Join us on Thursday, March 9th for a National Day of Solidarity -
We encourage affiliates across the country to hold rallies and visibility events at your federal courthouse at the noon hour. The message is simple: "We stand with the women of South Dakota!"
American Life League calls on all pro-lifers to counter Planned Parenthoods plans by showing up tomorrow at your local federal courthouse to demonstrate the need to end abortion in the United States.
We need to fight Planned Parenthood right now
Obviously, Planned Parenthood is going to throw its millions of dollars into this effort to keep the killing of babies legal in South Dakota. As determined fighters against Planned Parenthood, all the readers of this WSR are urged to step up your fights against Planned Parenthood right now.
- Increase your local activity against Planned Parenthood. The more time you cause PP to spend on defending its local operations across the country, the less resources it will have to throw into the South Dakota battle.
- Newspaper reports indicate that at least 10 more states (Alabama, Georgia, Indiana, Kentucky, Ohio, Mississippi, Missouri, Rhode Island, South Carolina and Tennessee) are trying to pass legislation similar to the South Dakota law. Readers in those states should encourage their legislators to pass a no-exceptions bill like the one in South Dakota.
- Join our efforts to end taxpayer funding of Planned Parenthood. Go to www.StopPlannedParenthoodTaxFunding.com and sign the petition. Then encourage all your friends to do the same.
- Although we rarely ask directly for financial contributions in the WSR, we will need to be able to help people throughout the country as Planned Parenthood becomes more active in its desperate attempts to hang on to its baby killing business. PLEASE use our online donation page to send us your maximum gift right away. Please go to: www.all.org/stopp/support.htm
- Please pray for us and the entire pro-life movement, that we will be drawn together in this fight, be victorious over Planned Parenthood, and end the slaughter of the innocence in this country.
National Pro-Life T-Shirt Day
One final way for you to help in this epic struggle is to let everyone in your community know where you stand. We are sponsoring National Pro-Life T-shirt Day and it is an ideal opportunity for you to make a public statement. This year's shirt encourages everyone to "Help Cure Abortion."
Further information on this event can be found online.
We encourage all STOPPers to obtain T-shirts and wear them outside your local Planned Parenthood facility on Tuesday, April 25.
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