UNDATED – Abortion in South Dakota is now illegal except to save the life of the mother.
That’s because the state passed a law more than 15 years ago to prohibit most abortions in the event Roe v. Wade — the decision affirming a legal right to an abortion — is overturned. The Supreme Court overturned that nearly 50-year-old precedent today.
South Dakota’s 2005 trigger law prohibits abortion “unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female.” That’s the only exception in the law.
The law further says “any person who administers to any pregnant female or who prescribes or procures for any pregnant female” a means for an abortion is guilty of a Class 6 felony, punishable by two years in prison, a $4,000 fine, or both.
Republican former legislator Joel Dykstra sponsored the trigger law. He said the law was the position of the Legislature at that time.
“We were in favor of this abortion policy, but we were barred by the Supreme Court from it going into effect,” Dykstra said. “The Supreme Court decision removes that barrier.”
The state’s only abortion provider, Planned Parenthood, had already paused abortions in the days leading up to the decision and now says it will not resume abortions at its Sioux Falls clinic. But the clinic remains open for other services.
“The U.S. Supreme Court decision is wrong and will harm millions of people,” said Sarah Stoesz, president and CEO of Planned Parenthood North Central States. “This decision is an unconscionable rollback of fundamental rights for all people in the United States. Because people’s right to access abortion is no longer guaranteed by federal law, it now depends on where you live and how much money you have to travel out of state for abortion care. Forced pregnancy is a grave violation of human rights and dignity.
“We have been preparing for months to be able to best serve patients across our region. Our doors are open and Planned Parenthood is committed to providing abortion care where it remains legal.”
Even though abortion is now illegal in most cases in the state, Gov. Kristi Noem has said she will call a special session to take up abortion policy. But she has not named any specific proposals.
Noem signaled her desire to pass more anti-abortion legislation in a written statement.
“Every abortion always had two victims: the unborn child and the mother. Today’s decision will save unborn lives in South Dakota, but there is more work to do,” Noem said. “We must do what we can to help mothers in crisis know that there are options and resources available for them. Together, we will ensure that abortion is not only illegal in South Dakota — it is unthinkable.”
