The Republican-led South Carolina Senate on Tuesday gave final approval to one of the country’s strictest abortion bans after a fetal heartbeat is detected at six weeks.
The House-amended bill, which reduces the current 22-week abortion ban, is now awaiting the signature of Gov. Henry McMaster, a Republican. The House passed the bill last week.
McMaster said on Twitter that he looks forward “to signing this bill into law as soon as possible.”
Critics, including some female Republican South Carolina senators, argued that most women are unaware of their pregnancies at six weeks.
Once McMaster signs the law, it is anticipated that it will be challenged in the state Supreme Court, which previously invalidated a 2021 six-week ban earlier this year on the grounds that it violated the state constitution’s right to privacy.
Nevertheless, Republican lawmakers believe this new version will withstand legal challenges.
The bill passed in the Senate mostly along party lines, with 27-19 vote. Three female Republican senators voted with Democrats.
State Sen. Katrina Shealy, a Republican who opposed a total ban, unsuccessfully proposed an amendment suggesting a ban after 12 weeks would be “a real compromise.”
“Don’t force women into making a decision in six weeks for something they may not even know that’s happening,” Shealy said.
Healy emphasized that men are fertile at all times and called for them to acknowledge their role in preventing unintended pregnancies.
However, Republican state Sen. Richard Cash objected to the amendment, claiming it would allow “abortions on demand” up to 12 weeks.
Cash questioned the justification for drawing a legal line to determine when human life can be terminated, suggesting that the bill was flawed for not protecting life “from the beginning.”
Senate Majority Leader Shane Massey said it was necessary to pass the bill in order to safeguard the lives of unborn babies and prevent individuals from other states from seeking abortions in South Carolina.
Massey cited data from the state’s Department of Health and Environmental Control, which reported that more visitors to the state were receiving abortions than residents.
“The abortion landscape has changed considerably even from our last debate on the issue just last month,” Massey said, referring to the previous Senate vote in April. “South Carolina has become the abortion capital of the southeast, and there’s really no other way to say that.”
Although the Senate had previously passed its own six-week ban, it had to vote again owing to amendments made by House Republicans to address legal challenges.
The Bill
The bill includes exceptions for fatal fetal anomalies, the life and health of the mother, and cases of rape or incest up to 12 weeks.Doctors found in violation of the law could face felony charges, carrying a maximum penalty of two years in prison and a $10,000 fine.
Under House modifications, the bill also includes several new requirements, such as mandating that the “biological father” provide child support from the date of conception. This provision is seen by opponents as an attempt to indirectly establish “personhood” laws in the state.
The additional modifications also include allowing a judge to decide if a minor can have an abortion should a parent or guardian be unavailable.
South Carolina lawmakers have repeatedly attempted and failed to pass abortion restrictions, with disagreements between the House and Senate on where to set the limit.
The House sought to ban abortions from conception, but it was unsuccessful three times owing to filibustering by the Senate’s five women, three of whom are Republicans, one a Democrat, and one an independent.
Susan B. Anthony Pro-Life America, a leading pro-life group, praised the bill’s approval.
“We thank SC House members for their persistence last week as Dems introduced 1,000 amendments as a stall tactic in their effort to continue late-term abortions,” the organization said in a statement.
