Four abortion bans were proposed in South Dakota this legislative session and all failed miserably. This is a watershed moment for South Dakota, a state that has been fighting this issue in the legislature for years. Most people remember last year when the state legislature passed and the Governor signed into law a total ban on all abortions. This law was overturned by the people who voted it down in substantial numbers. When last years total ban was put to a vote anti-abortion groups feared that a loss would set back their cause twenty years. It appears at least in South Dakota to have done something like that.
More after the fold....
Last years total ban caused a major rift in anti-abortion groups in our state. The national right to life groups were concerned about the aggressive attempt at a total ban fearing that it would create backlash with the general public (it did). They stated they would rather try to continue to sneak in laws that ate at reproductive rights each year hoping most people would not notice. The more aggressive anti-abortion groups like Operation Rescue and Abstinence Clearinghouse wanted to challenge the Supreme Court with a total ban. They hoped to get an opportunity to challenge Roe v Wade.
Many in the right to life groups and political analysts feared that even with the new court Roe could not be overturned. A second Supreme Court decision upholding Roe would probably kill the anti-abortion movement for good.
This year the more aggressive factions that brought the total ban proposed one with exceptions. They claimed that the people had spoken and they wanted a ban with exceptions. Of course their ban had exceptions but they were carefully written so nobody would ever qualify for them. They also put a clause that would have required rape and incest victims to cooperate with law enforcement on pressing charges and submit tissue samples. This exception really took many people aback. The state right to life group and most of the Catholic based anti-abortion factions refused to support this ban. Yes, anti-abortion groups opposed an abortion ban. This ban died in committee on an 8 to 1 vote and the supporters could not get enough Senators to support it to bypass the commmittee. Usually these bans at least make it to a floor vote.
The other bans proposed this year came from the right to life anti-abortion factions. One required any clinic that might ever perform an abortion would have to put up a sign in 44pt type proclaiming that nobody could force or coerce you into getting an abortion.
Another ban required doctors to provide a laundry list of written statements, many of them inaccurate information promoted by anti-abortion groups such as increased risk of suicide.
The third ban required clinics to offer a sonogram to anyone obtaining an abortion. An earlier draft of this would have required the patient to submit to the sonogram and watch it. Nobody is sure if holding their head was included or just toothpicks holding their eyelids open.
All of these bans fizzled and died also.
So why is all of this a big deal? For a state that has been plagued with various bans on reproductive rights this year was a miserable failure compared to other years for those trying to restrict access. The other reason is that there has been a huge split in the anti abortion groups.
Last years ban that went to a vote allowed the anti-abortion groups to be out in front of the public constantly. They turned people off, they were exposed lying about facts and many of them were rather unstable dishonest people. Having a camera in their face made this obvious to more and more people as the election came near. The more conservative right to life groups didn't want ugly confrontation or to be lumped in with extremists groups. People in other states would be well advised to play these two factions against each other.
The same cast of characters is claiming they will be back in 2008 with another ban and they will try to put it to a public vote either through the legislature or through the referendum process.