Image – Shutterstock: South Carolina State House
A recent proposal in South Carolina, presented as a major step towards strengthening protections for unborn children, has unexpectedly flopped, mainly due to the weakness of legislators who have long identified themselves as pro-life.
The bill, which attracted nationwide attention, failed to progress after a narrow 2 to 3 vote in a committee largely made up of “anti-abortion” Republicans. Four of the six Republicans chose not to vote on the measure itself, which left the three Democrats free to block it.
In the South Carolina Legislature, an outright rejection of a Republican backed abortion bill is unusual. Typically, proposals lacking sufficient support are left to expire quietly at the subcommittee stage without a final vote. Yet, despite an extended public hearing and a lengthy subsequent meeting, the bill’s sponsor remained unwilling to amend the provisions that even committed pro-life advocates viewed as problematic. Faced with this impasse, the panel opted to kill the legislation.
The bill, known as the Unborn Child Protection Act, sought to prohibit abortion from the moment a pregnancy becomes clinically diagnosable. This wording was designed to avoid affecting emergency contraception or fertility treatments. Most Republicans in the room were open to an approach that significantly strengthened existing restrictions, particularly since further legislation may be considered next year. However, several elements went further than many could stomach, including the criminalisation of women who obtain abortions, the removal of exceptions for rape or incest, and a prohibition on advising someone on how to seek an abortion outside the state.
Under the proposal, women could have faced up to thirty years in prison, and family members would have been allowed to sue them. Even one of the bill’s co sponsors, Senator Billy Garrett, attempted to soften these penalties. His amendments failed, which left him unable to vote for the measure. He spoke about the need for greater compassion, understanding, and forgiveness in public life.
Other Republican senators expressed deep concern about the prospect of women being imprisoned. Senator Tom Fernandez spoke emotionally about the thought of his wife or daughters being punished under such a law. Although he ultimately supported the bill, his comments reflected the unease shared by many.
Only one amendment passed, which permitted taking a minor across state lines for an abortion with parental consent, allowed doctors to refer patients to specialists elsewhere, and removed a clause requiring attempts to resuscitate premature stillborn babies.
SPUC’s Executive Director, Michael Robinson, says “it’s very disappointing to see comprehensive pro-life legislation thwarted by those who should be on our own side. If we truly believe that all life is sacred and worthy of protection there is no need to capitulate on a law that recognises that too. The US is in an important position: as one of the few places with the political capital and public will to end abortion, they should not throw away such an opportunity so rashly.”
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