Women who seek abortion in South Carolina could face death penalty

(WPDE) — A new bill introduced in the South Carolina Statehouse could put the death penalty on the table for women who get an abortion.

House Bill 3549 is an amendment to the South Carolina Prenatal Equal Protection Act of 2023 and would define "person" to include an unborn child at any stage of development. This would ensure that an unborn child who is a "victim of homicide" or "victim of assault" is given the same protections under state laws -- including, up to the death penalty.

On June 24, 2022, the Supreme Court of the United States conservative majority ruled to end constitutional protections for abortion that had been in place for nearly 50 years, best known as Roe v. Wade.

TRENDING: Inmates save officer after being attacked with knife at SC prison

Since then, several state groups, both pro-life and pro-choice, have expressed their support and opposition, respectively, to the decision.

Following the overturning of Roe v. Wade, state lawmakers passed a Fetal Heartbeat Bill, which banned abortions after a heartbeat was detected. But, in January, the South Carolina Supreme Court blocked the abortion ban, deciding that it limited a woman's right to privacy and violated the state's constitution.

"We hold that the decision to terminate a pregnancy rests upon the utmost personal and private considerations imaginable, and implicates a woman's right to privacy. While this right is not absolute, and must be balanced against the State's interest in protecting unborn life, this Act, which severely limits—and in many instances completely forecloses—abortion, is an unreasonable restriction upon a woman's right to privacy and is therefore unconstitutional."

The court also said the six-week timeframe was "not a reasonable period of time" for women to determine if they are pregnant and take steps to terminate the pregnancy.

South Carolina's Governor and Attorney General wrote a letter asking the court to revisit its decision, but the Supreme Court declined to re-hear the case.

In this year's legislative session, several new bills have been introduced that attempt to again tackle the topic.

The author of this bill, Rep. Rob Harris of Spartanburg (District 36), said "If we call it life and define it as life, then why should anyone, not just mothers, why should anybody be able to take that life? If it’s life it needs to be protected like any other life," said Harris.

READ MORE: Lost wedding ring recovered from Intracoastal Waterway, returned to Georgetown man

If the bill passes, the only way someone could have an abortion in this state would be if she faces a threat of immediate danger, death, or serious bodily danger. A woman would then have to testify to prove her case.

"Women that wanted an abortion but were denied an abortion, to charge them with murder if they go out of state for an abortion, they could possibly be charged in South Carolina," said Ringer.

A spokesperson for Planned Parenthood's Atlantic Region, Vicki Ringer, said this bill concerns her.

"This one is particularly concerning because it would impose the death penalty on women who have abortions. It removes all exceptions including for rape, fetal anomaly, and even the health of the pregnant person," says Vicki Ringer spokesperson for Planned Parenthood's Atlantic Region.

Bill 3539 is currently in the judiciary committee and has not been returned to the house.