(Reuters) – South Carolina Governor Henry McMaster on Thursday signed a ban on nearly all abortions in the state and women’s health group Planned Parenthood filed a lawsuit, arguing that the measure was unconstitutional.
As one of the most restrictive prohibitions on abortion, the so-called “fetal heartbeat” law prohibits abortion after a fetal heartbeat is detected, usually at six weeks and before the woman realizes she is pregnant.
Abortion is one of the most controversial issues in the United States, with opponents citing religious beliefs to declare it immoral, and proponents declaring that it is a health and privacy issue for women, among other arguments.
The United States Supreme Court ruled in 1973 that the constitution protected the right of pregnant women to abortion.
Several states have approved abortion restrictions, including those similar to those in South Carolina, and many are still in prison. A law passed in Iowa in 2018 was overturned by a state judge in 2019.
“It is indisputable that such cardiac activity is detectable well before the fetus becomes viable,” wrote district court judge Michael Huppert in his decision.
A viable fetus outside the womb, usually 24 weeks old, is widely considered the limit in the United States to ban abortion.
McMaster, a Republican, said at a signing ceremony that it has been his priority to sign a ban on abortion in law. South Carolina law allows abortion in some circumstances, including rape, incest or if the mother is in danger of life.
McMaster said just before signing the bill: “There are a lot of happy hearts beating in South Carolina now.”
And in a nod to an expected legal fight, McMaster told people in the signature: “Our battles are not over yet, but I believe the dawn of victory is upon us.”
Planned Parenthood South Atlantic filed a lawsuit in federal court shortly afterwards, claiming that the ban is unconstitutional, citing previous successful challenges to similar laws in other states, the group said in a statement.
“This ban shamelessly challenges nearly 50 years of Supreme Court precedents that protect a person’s right to terminate a pregnancy,” said Nancy Northup, president of the Center for Reproductive Rights, in a statement.
Rich McKay reporting in Atlanta; edition by Grant McCool