South Dakotans Fights Back Against Onerous Abortion Ban

By Lisa Bennett, Communications Director

May 31, 2006

Yesterday South Dakotans demonstrated their commitment to reproductive freedom and privacy rights by putting the brakes on an appalling abortion ban in their state.

On March 6, South Dakota Gov. Mike Rounds signed a law banning nearly all abortions in the state-the most restrictive state measure enacted since Roe v. Wade legalized abortion nationwide. The ban, which was scheduled to go into effect on July 1, included no provision to protect the health of the pregnant woman and only an unusually narrow exception to "prevent the death" of the woman.

"With George W. Bush's ultra-conservative fingerprints still fresh on the Court, what better time to issue such a blatant attack on a woman's constitutional right to abortion?" asks NOW President Kim Gandy. "New Chief Justice John Roberts and Associate Justice Samuel Alito pose a real threat to reproductive freedom and the right wing knows that. That's why we're seeing states like South Dakota and Mississippi make their move now."

The drafting and passage of this legislation was politically calculated with the intent of challenging Roe and bringing it before a Supreme Court more inclined to overturn the landmark decision. But if the ban is successfully overturned by the voters, the law will not go to the Supreme Court at all, and so will not give Roberts and Alito the opportunity to reverse Roe . . . at least not yet.

For months, South Dakotans (and everyone concerned with women's lives and rights) have strategized and organized to ensure that not one woman suffer the consequences of this ban.

On May 30, the South Dakota Campaign for Healthy Families delivered a petition to the South Dakota Secretary of State calling for a repeal of the ban. The 38,000 signatures far exceed the number required to prevent the ban from taking effect on July 1, and to place it on the ballot for a vote by the people in November.

NOW members and volunteers will be working in South Dakota to get out the vote to overturn the ban for good, as well as responding where similar measures lurk in other statehouses.

"We applaud the hard work of the South Dakotans who have taken charge of the political process," said Gandy. "But now we must ensure that voters are educated about what's at stake and that they get to the polls on November 7. We can do this, because we must."

Read more about state attacks on reproductive rights.