Prohibition of abortion in SC is now law; challenge filed

COLOMBIA, SC – The governor of South Carolina signed a bill on Thursday banning most abortions, one of his top priorities since taking office more than four years ago. Planned Parenthood immediately sued, effectively preventing the law from coming into effect.

South Carolina’s Fetal Heartbeat and Abortion Protection Act is similar to the abortion restriction laws that a dozen states have passed. Everyone is tied up in court. Federal law, which takes precedence over state law, currently allows abortion.

“There are a lot of happy hearts beating in South Carolina now,” Republican Governor Henry McMaster proclaimed during a ceremony at the Statehouse attended by lawmakers who made the proposal a reality.

Immediately after he signed the bill, legislators and members of the public, shoulder to shoulder and wearing masks to protect against the coronavirus, began to sing the words “Praise be God” to the sound of “Incredible Grace”.

The House passed bill 79-35 on Wednesday after hours of exciting speeches from supporters and opponents, and gave final approval on Thursday.

Moments after Thursday’s vote, Planned Parenthood announced it was filing a lawsuit. South Carolina’s law, like that of other states being contested, is “blatantly unconstitutional,” said Jenny Black, president and CEO of Planned Parenthood South Atlantic.

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Proponents of restrictive abortion laws are trying to take the matter to the United States Supreme Court in the hope that the court will be able to overturn the Roe v. 1973 Wade establishing abortion rights. The Supreme Court had already ruled that abortion is legal until a fetus is viable outside the womb – months after a heartbeat can be detected, Black said.

South Carolina Attorney General Alan Wilson released a statement on Thursday, saying his office “will vigorously defend this law in court because there is nothing more important than protecting life”. He stayed close to McMaster while the governor signed the bill.

Abortion opponents have been pushing for the ban for years, but it has been stuck in a procedural obstacle in the Senate. Republicans won three Senate seats in the November election and the bill was called “Senate Bill No. 1” to show that it was the top priority.

“We are about to do what I have been trying to do for 25 years: shut down the abortion industry in South Carolina,” said Republican Senator Larry Grooms moments before the governor signed the bill.

Democrats say Republicans have wasted taxpayer money by passing a bill that everyone knew would be challenged in court. They also argue that there are more important issues that need your attention, such as covid-19, health and education.

“We are tired of hypocrisy,” said House minority leader Todd Rutherford, adding that Democrats are fed up with lawmakers across the corridor telling them that they don’t care about life.

“We care about life until death. We care about birth … We care about people who eat, people don’t die because they can’t get vaccines, ”he said.

The Planned Parenthood and Reproductive Rights Center lawsuit argues that the new South Carolina law “is a flagrant violation of nearly five decades of Supreme Court precedents.” The lawsuit says that a high rate of women, especially black Americans, die during or immediately after childbirth in South Carolina. The ban on abortion would most strongly affect low-income women, who could not travel to another state where abortion is yet allowed, says the process.

A hearing is scheduled for this afternoon to determine whether the law should be suspended during the trial.

South Carolina Governor Henry McMaster, on the right, slams his fist on South Carolina Citizens for Life executive director Holly Gatling, on the left, before McMaster signs a bill banning almost all abortions in the state Thursday fair, February 18, 2021, in Columbia, SC.  on the same day, planned paternity filed a federal lawsuit to prevent the measure from taking effect.  The state chamber passed the “South Carolina Fetal Heartbeat and Abortion Protection Act” in a 79-35 vote on Wednesday and gave it a final procedural vote on Thursday before sending it to McMaster.  (AP Photo / Jeffrey Collins)

South Carolina Governor Henry McMaster, on the right, slams his fist on South Carolina Citizens for Life executive director Holly Gatling, on the left, before McMaster signs a bill banning almost all abortions in the state Thursday fair, February 18, 2021, in Columbia, SC. on the same day, planned paternity filed a federal lawsuit to prevent the measure from taking effect. The state chamber passed the “South Carolina Fetal Heartbeat and Abortion Protection Act” in a 79-35 vote on Wednesday and gave it a final procedural vote on Thursday before sending it to McMaster. (AP Photo / Jeffrey Collins)

Greenwood Pastor Tony Foster prays during a ceremony at which South Carolina Governor Henry McMaster signed a bill banning nearly all abortions in the state on Thursday, February 18, 2021, in Columbia, SC.  On the same day, planned paternity filed a federal lawsuit to prevent the measure from taking effect.  (AP Photo / Jeffrey Collins)

Greenwood Pastor Tony Foster prays during a ceremony at which South Carolina Governor Henry McMaster signed a bill banning nearly all abortions in the state on Thursday, February 18, 2021, in Columbia, SC. On the same day, planned paternity filed a federal lawsuit to prevent the measure from taking effect. (AP Photo / Jeffrey Collins)

South Carolina Governor Henry McMaster presents a bill that prohibits almost all abortions in the state after he signed it on Thursday, February 18, 2021, in Columbia, SC.  On the same day, Planned Parenthood filed a federal lawsuit to prevent the measure from taking effect.  The state chamber passed the “South Carolina Fetal Heartbeat and Abortion Protection Act” in a 79-35 vote on Wednesday and gave it a final procedural vote on Thursday before sending it to McMaster.  (AP Photo / Jeffrey Collins)

South Carolina Governor Henry McMaster presents a bill that prohibits almost all abortions in the state after he signed it on Thursday, February 18, 2021, in Columbia, SC. On the same day, Planned Parenthood filed a federal lawsuit to prevent the measure from taking effect. The state chamber passed the “South Carolina Fetal Heartbeat and Abortion Protection Act” in a 79-35 vote on Wednesday and gave it a final procedural vote on Thursday before sending it to McMaster. (AP Photo / Jeffrey Collins)

Supporters of a proposal that would ban nearly all abortions in South Carolina gather in front of the House to thank lawmakers for passing the bill on Thursday, February 18, 2021, in Columbia, SC.  The governor plans to sign the bill.

Supporters of a proposal that would ban nearly all abortions in South Carolina gather in front of the House to thank lawmakers for passing the bill on Thursday, February 18, 2021, in Columbia, SC. The governor plans to sign the bill.

Congressman David Hiott, R-Pickens of South Carolina, says a prayer while the House votes on a bill that would ban most abortions in the state on Wednesday, February 17, 2021 in Columbia, SC.  The project will soon go to the governor.  (AP Photo / Jeffrey Collins)

Congressman David Hiott, R-Pickens of South Carolina, says a prayer while the House votes on a bill that would ban most abortions in the state on Wednesday, February 17, 2021 in Columbia, SC. The project will soon go to the governor. (AP Photo / Jeffrey Collins)

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