What does the end of Roe mean for South Dakotans?

Abortion is legal in South Dakota up to 20 weeks post fertilization. Still, there are many legal restrictions:

• A patient must receive state-directed mandatory counseling that includes information discouraging abortion care.
• After the first visit to the clinic, a patient must wait 72 hours before receiving abortion care, thereby necessitating two trips to the facility. The 72-hour waiting period does not include weekends or holidays.
• Health care coverage for abortion under the Affordable Care Act is only available if the patient’s life is in danger.
• A parent of a minor must be notified before an abortion is provided.
• Public funding for abortion care is only available if the patient’s life is in danger.
• The state prohibits abortions performed for the purpose of sex selection or in response to genetic anomalies.

South Dakota lawmakers passed a “trigger ban” in 2005. The trigger ban is a state law designed to go into effect as soon as the Supreme Court grants states the authority to ban abortions, which is what the leaked draft opinion suggests.

If Roe is overturned, abortion will immediately become a criminal act in South Dakota, except in situations to preserve the life of the pregnant person. Otherwise, anyone who administers, prescribes or procures any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, is guilty of a Class 6 felony.

That means people would have to travel out of state to for abortion care – something that’s impossible for many and would disproportionately affect people of color and people with lower incomes.

We know that abortion opponents won’t stop with overturning Roe. Many states have signaled an intent to apply their abortion laws outside their own state borders and politicians are already sharing plans to further criminalize abortion providers and patients. Discussions about calling special legislative sessions to pass additional restrictions have already begun. It’s clear that activists and politicians won’t stop until they have secured a nationwide ban on abortion. Further, the same politicians in our state and across the country will also attack our right to get birth control and marry who we love. Our fundamental rights are under attack right now and we have to mobilize to ensure our communities are protected.

The ACLU of South Dakota will never stop fighting for a person’s right to an abortion, but we need your help more than ever.

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