South Carolina Supreme Court halts enforcement of pro-life law after pro-abortion challenge

Pro-lifers in South Carolina were jubilant when the Fetal Heartbeat and Protection from Abortion Act took effect in their state on June 27, making abortion illegal after six weeks gestation; but their joy was short-lived. Less than two months later, on August 17, the South Carolina Supreme Court granted a temporary injunction – halting enforcement of the law while abortion advocates pursue legal action to oppose restrictions on abortion.

What is the Heartbeat Bill?

The pro-life “Heartbeat Bill” (SB 1) was introduced in the South Carolina legislature in January 2021, and was then passed in the General Assembly and signed by South Carolina Governor Henry McMaster in February of last year. Federal courts had blocked its implementation; but with the overturning of Roe v. Wade, the state’s conservative majority reintroduced the legislation. Just three days later, the heartbeat bill was enacted. Included in the bill were comprehensive protections, including requiring physicians to test for a detectable fetal heartbeat before an abortion is performed on a pregnant woman. The bill further required documentation and record-keeping, and required doctors to report all abortion data to the state’s Department of Health and Environmental Control.

But last week, supporters of abortion in South Carolina filed a state court challenge to S.B. 1. Four plaintiffs – Planned Parenthood South Atlantic, the Greenville Women’s Clinic, and two physicians – asked the state trial court to block the ban, claiming that it “violated South Carolinians’ constitutional rights.” On August 17, the South Carolina Supreme Court granted the abortion providers’ emergency motion for a temporary injunction, blocking S.B. 1 while litigation continues.

Pro-life citizens remain confident

Abortion opponents in South Carolina have expressed their disappointment with the injunction, while remaining confident that the Heartbeat Bill will eventually be implemented statewide.

Michael Acquilano, director of the South Carolina Catholic Conference, released a statement on behalf of the Diocese of Charleston, expressing support for the Heartbeat Bill and reconfirming its constitutionality. Acquilano wrote,

Our Attorney General, Alan Wilson, has vowed to continue to protect the unborn and fight to uphold the Heartbeat law. It’s important to note that this is a temporary injunction and there was no ruling on the constitutionality of the law. Since Dobbs, we know it is within the discretion of our elected officials and within the state’s interest to protect unborn children. We know as Catholics, and with the backing of the scientific community, that life begins at conception. May we pray for these justices as they determine the future of thousands of children in South Carolina.

Holly Gatling, executive director of South Carolina Citizens for Life, also expressed her disappointment while applauding another, even stronger pro-life bill which is currently being considered in South Carolina. Holly wrote,

South Carolina Citizens for Life is disappointed in the order blocking enforcement of the Fetal Heartbeat and Protection from Abortion Act that was saving hundreds of babies’ lives while it was in effect from June 26 until August 17. We applaud our Attorney General Alan Wilson, who pledged to continue defending the law as we move through the legal and legislative process. We also applaud the SC House Judiciary Committee that gave favorable reading on August 16 to H 5399, the Human Life Protection Act. The full House is scheduled to debate the life-saving bill on August 30.”

New proposed legislation would prevent all abortions from the time of conception

The Human Life Protection Act, to which Holly Gatling referred in her statement, would, if implemented, prevent doctors in South Carolina from aborting even the youngest embryos. In a vote of 13-7 which followed party lines, the Human Life Protection Act was approved by the South Carolina House Judiciary Committee on August 16. Lisa Van Riper, president of South Carolina Citizens for Life, called the bill “another important step toward rebuilding a culture of life in South Carolina, where all children will be welcomed and protected while preserving and caring for their mom.”

Despite Democrats’ charges that the law, if passed, would “throw doctors in jail and kill women,” the mother’s life is fully protected in any medical emergency.

The Preamble of the Human Life Protection Act is clear in its defense of innocent unborn life, delineating its fundamental principles in Section 2:

1. All human beings are created equal, and endowed by their Creator with certain inalienable rights, the foremost of which is the right to life.

2. Section 3, Article 1 of the Constitution of the State of South Carolina, 1895, guarantees that no person may be deprived of life, liberty, or property without due process of law or be denied the equal protection of the laws, and a preborn child is deserving of that protection.

3. In the exercise of its constitutional duties and powers, the South Carolina General Assembly has a fundamental duty to provide equal protection for the life, health, and welfare of all persons, including preborn children from conception.

4. It is undisputed that the life of every human being begins at conception.

5. South Carolina maintains a fundamental interest in protecting the life of every human being from conception.

The state of South Carolina reported 6,279 abortions in 2021. Of those, 74% are chemical deaths. As the infamous Roe v. Wade decision fades in the rear-view mirror and regulation of abortion falls to the states, there is a strong hope that in South Carolina, as in many other states, abortion may soon become a thing of the past.