South Dakota House Passes Ban On Abortion

The South Dakota House challenges Roe Vs. Wade decision by passing a law, banning almost all abortions in the state, with an exception for the mother's life. Opponents of the bill tried unsuccessfully to tact on an amendment for incest and rape.

If it passes the Senate,it will become law. But, it will probably then be met by a legal challenge. The Senate sponsor is Democrat Julie Bartling. She says South Dakota has always been a pro-life state and she believes most South Dakotans would vote to ban abortion.

The bill would make it a felony for anyone to perform an abortion. The mother would not be charged with a crime. The language of the bill –- named the Women's Health and Human Life Protection Act -- says that "life begins at the time of conception" and that scientific advances since 1973 have proven that the unborn child is indeed life. The bill says the goal is to "fully protect the rights, interests, and health of the pregnant mother, the rights, interest, and life of her unborn child, and the mother's fundamental natural intrinsic right to a relationship with her child." The bill is based on the findings of a task force that studied abortion.

The bill's chief sponsor, Republican Roger W. Hunt, thinks this is the time to address the issue. He believes he has the votes in the Senate, and believes the pro-life governor will sign it.

"Whether it's because of our legislation or some other [state's] legislation, the goal is to prohibit the killing and the termination of life of all of those unborn children," Hunt told BP.

At this time, there are 5 pro-abortion justices on the Supreme Court. Nobody knows how Justices Roberts and Altio would vote. But, one of those 5 pro-abortion justices, Justice Kennedy, will be 86 in April, and may retire. And, if this bill passes, and it is challenged, it would take 3 years to appear in the higher court, and who knows what the makeup of the court would be, at that time.

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