South Dakota Law Just the First of Many to Challenge Roe v. Wade
by stacyb

South Dakota may be the first state to achieve recognition for it's recent full frontal assault on Roe v. Wade, but there are others states lined up with similar laws that are pending legislative approval:

The law, which would punish doctors who perform the operation with a five-year prison term and a $5,000 fine, awaits the signature of Republican Gov. Michael Rounds and people on both sides of the issue say he is unlikely to veto it.

My understanding is we are the first state to truly defy Roe v. Wade, the 1973 high court ruling that granted a constitutional right to abortion, said Kate Looby of Planned Parenthood's South Dakota chapter.


State legislatures in Ohio, Indiana, Georgia, Tennessee and Kentucky also have introduced similar measures this year, but South Dakota's legislative calendar means its law is likely to be enacted first.

What is notable about the South Dakota law, other than simply the fact that it is currently unconstitutional on it's face, is that it provides for no exception for when the health of the mother is at stake and in cases of rape and incest. This is notable because polls have shown that most Americans, even many (but certainly not all) who oppose abortion on moral grounds, believe that such exceptions should be allowed.

Redd, blogging over at Firedoglake, shares a very personal experience- that she herself is a rape survivor. She goes on to explain how her personal experience as such has informed her views on not only abortion in general, but the South Dakota law:

As I said, I was young -- but despite how horribly brutal the rape was, I was lucky. I never had to face the choice of an abortion because I did not get pregnant. Thank God.

But every single time I hear someone talk about being pro-life without giving a thought to the woman involved, I cringe. Because I could have easily been impregnated against my will. Violently, viciously impregnated.

And now, some young girl in South Dakota who is raped and finds herself pregnant will be forced to carry the child of her rapist, feeling it grow and move, a daily reminder of the rape -- with the flashbacks, the terror, the nightmares, the gut-wrenching fear -- everything that you have to overcome after being raped, along with handling the emotions and the responsibilities that come along with a pregnancy.

It is likely that many states with anti-abortion laws in the works, are closely watching the general reaction to the South Dakota law and it will be interesting to see not only how the Supreme Court views the law when it comes before them, but also how average Americans who are not firmly entrenched in either the pro-life or pro-choice camp, feel about a law that provides for outlawing abortion without much exception.

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Comments

 

Agreed. Most Americans are

Agreed. Most Americans are for choice, but also with limits. I wish more would see some of the nonsense that flows from the more extreme pushing an end to choice. Ellen Goodman had an excellent column in the Boston Globe today on the recent hearing into the subpoena of PP files in Kansas, and one quote from the Kansas AG really floored me:

When lawyer Bonnie Scott Jones of the Center for Reproductive Rights put Kline on the stand, she asked if anything beyond kissing was acceptable. Is oral sex performed by a boy a reportable crime? Yes, said Kline. Oral sex performed by a girl? ''I'm not certain," he said.

Crossing The Great Divide

 

Yes nellenelle- there is

Yes nellenelle- there is sort of a double standard when it comes to reproduction, choice and sexual behavior.

I was recently discussing the issue of over the counter emergency contraception (and also regular contraception, ie. the pill) with someone who was pro-life and who was opposed to it- when I asked whether we should then also stop drugstores from selling condoms, I got a stony silence.

Also, we don't hear much outrage over Viagra- I dont hear people arguing that widespread use of Viagra (and yes,it is widespread and has become a key drug on the party circuits) leads to increased promiscuity.

I have always been a follower of Justice Ginsberg's view that the state's actions to limit women's reproductive choices ran afoul of the equal protection clause. I think it goes without saying that most men (and men make up a majority of our nation's leadership at both the state and federal level) would tolerate the state's meddling in this private area (and yes, I know that men can't get pregnant so there are some differences, but as the saying goes, it takes two to tango).

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