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South Dakota Legislature Passes Bill making Abortion a Felony should Supreme Court Overturn Roe v. Wade

PIERRE, February 18, 2005 (LifeSiteNews.com) – Anticipating a US Supreme Court challenge, the South Dakota House overwhelmingly passed a measure Tuesday making the committing of an abortion a crime, should the Supreme Court overturn Roe v. Wade. The bill passed by a margin of 54-16.

Republican Rep. Joel Dykstra, lead sponsor of the bill, said, “We can stand clearly with those who can’t stand for themselves,” by having a measure in place that would automatically kick in if the Supreme Court overturns Roe v. Wade, according to an aberdeennews.com report.

Lawmakers overwhelmingly rejected attempts to introduce exceptions into the bill for the health of a woman, or for victims of rape or incest. An attempt to introduce a so-called health exception failed 45-25.

“If we open the door to a fuzzy line called health, I would argue that the purpose of the bill would be compromised,” Dykstra argued. The bill would outlaw all abortions with the exception of if a woman’s life were in danger.

A related measure attempting to allow an exception for rape or incest was voted down 46-24. Republican Rep. Elizabeth Kraus likened aborting the child conceived through rape with raping the woman again.

“The welfare of the mother and the child are never at odds, even in sexual assault cases,” Kraus said. “In a sexual rape, a woman is robbed of her purity,” she added. “In this medical rape, she is robbed of her maternity.”

House GOP leader, Republican Rep. Larry Rhoden, concurred with Kraus: “Does that make that life any less precious . . . regardless of how it came about?”

The new law must still meet Senate approval. Anyone convicted of committing an abortion would be subject to a two-year jail term. Women who procure the abortions would not face charges.

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