NOW Outraged by South Dakota Governor's Action on Nation's Most Far-Reaching Abortion Ban

March 11, 2004

The most sweeping anti-abortion state legislation in our nation's history will most likely be law after Monday, March 15, unless several state senators find a conscience and vote against a bill that outlaws abortions for victims of rape and incest.

This initiative, if passed, will be the cruelest form of political punishment imaginable for girls and women, especially victims of rape and incest, facing a crisis pregnancy.

The legislation, House Bill 1191, was sent to the governor several weeks ago after the South Dakota Senate added an exception for "physical bodily functions" to the original draconian bill passed by the state's House—refusing to include rape and incest victims in the list of exceptions to the ban.

On Tuesday, Governor Rounds voiced solidarity with the intent of the bill while issuing a procedural "style and form" veto that will enable the state legislature to add "technical corrections" to make the bill "stricter." Rounds says the bill does not make it clear enough that South Dakota's current restrictions on abortion would remain in effect if a court suspended enforcement of the new language banning most abortions. The legislature convenes on Monday, March 15, to consider the bill one more time and will likely "correct" the bill and override the governor's sham veto—since this procedural veto requires only a simple majority to make the bill a law. The governor says if the legislature agrees to the changes he has requested, he would be willing to then sign the bill into law.

"We hope that NOW members and other women's rights supporters across the nation will contact Governor Rounds and tell him that he is playing a vicious political game with women's lives," said South Dakota NOW President Dusty Holso. "We tried to prevent this terrible bill from becoming a terrible law and the South Dakota politicians so far have turned their backs on our pleas. Because this restrictive and unconstitutional law will affect all girls and women both here in South Dakota and in every other state, especially if it is upheld by the Supreme Court, we welcome the attention and advocacy."

This attempt to turn back Roe v. Wade is the most comprehensive since the Supreme Court made its groundbreaking decision legalizing abortion in 1973. The legislation does not make any exceptions for victims of rape, incest, or mental and emotional health of the individual woman. The bill's prime sponsor, Rep. Matt McCaulley (R) of Sioux Falls, acknowledged that it is designed to force the Supreme Court to reconsider Roe v. Wade and will effectively cost South Dakotan taxpayers at least $1 million to defend it in the Supreme Court.

Governor Rounds stated, "If there's a chance that we can impact the ruling of Roe v. Wade, we should try." Maximum penalties for those who do abortions or provide abortion drugs would be five years in prison and a $5,000 fine if the law passes and goes into effect.

"The people in South Dakota must understand that when this bill is signed into law, it will be contested—and fighting the lawsuit will use precious taxpayer funds that could be directed at health care for children, especially those in rural families," said NOW President Kim Gandy. "It is ridiculous to support this doomed legislation at the expense of anyone, especially when it criminalizes a legal medical procedure and jeopardizes women's health."

In 2000, there were 878 legal abortions reported in South Dakota, and almost 80% of these were performed on women 20 and over. "Old enough to vote and serve in the military, these women are somehow presumed to be outlaws if they choose to exercise their Constitutional right to terminate a pregnancy," Gandy added. "Will their voting rights be next?"

Ask South Dakota Governor Mike Rounds and his aides to seriously consider the ramifications of their political actions on the lives and health of South Dakota women, and urge them to at least to include rape and incest victims in their exceptions.

To contact the Governor's Office:
         Governor Mike Rounds
         State Capitol
         500 East Capitol Avenue
         Pierre, SD 57501
         605-773-3212
         Email: mike.rounds@state.sd.us

Linda Dykstra, Administrative Assistant to the Chief of Staff:
Email: linda.dykstra@state.sd.us

Lori Shangreaux, Executive Assistant to the Governor:
Email: lori.shangreaus@state.sd.us

Rob Skjonsberg, Chief of Staff:
Email: rob.skjonsberg@state.sd.us

Additionally, contact the South Dakota state senators and ask them to vote against any bill that denies legal health protections for victims of rape and incest. Suggest that they direct South Dakota taxpayer dollars to help poor and low-income children in their state, rather than finance a futile and time-consuming lawsuit. A list of the state senators' votes on HB 1191 is available as well.