SD Enacts 3-Day Abortion Waiting Period

Special Report - March 25, 2011

Earlier this week, South Dakota Governor Dennis Daugaard signed into law a bill that would institute the longest waiting period for abortion in the nation. The legislation he signed, HB 1217, requires women seeking an abortion in South Dakota to wait 72-hours (or three days) before obtaining an abortion, and requires that they get counseling about abortion alternatives from a pregnancy resource center in the state during this time. Governor Daugaard signed the groundbreaking pro-life measure into law on March 22. “I think everyone agrees with the goal of reducing abortion by encouraging consideration of other alternatives,” Gov. Daugaard said in a statement posted on his website. “I hope that women who are considering an abortion will use this three-day period to make good choices.” The new law goes into effect on July 1, 2011.

In addition to instituting a three-day waiting period for an abortion, the new South Dakota law also requires that, “prior to the day of any scheduled abortion the pregnant mother must have a consultation at a pregnancy help center at which the pregnancy help center shall inform her about what education, counseling, and other assistance is available to help the pregnant mother keep and care for her child, and have a private interview to discuss her circumstances that may subject her decision to coercion.” The law defines “pregnancy help centers” as organizations “which have as their central mission providing counseling, education, and other assistance to pregnant mothers to help them maintain and keep their relationship with their unborn children.” Previously, South Dakota was one of 25 states with 24-hour waiting periods for abortion.

Planned Parenthood responded to the news by announcing it would file a lawsuit challenging the South Dakota law’s constitutionality. “Planned Parenthood’s legal team has determined that this bill is such an egregious violation of the Constitution, that we will file suit…,” said Sarah Stoesz, Planned Parenthood Minnesota, North Dakota, South Dakota President and CEO, in a statement on the abortion group’s website. 

Related resources:
Virginia Passes Abortion Safety Bill - February 28, 2011
"Choose Life" Bill Introduced - February 17, 2011
Mixed Reviews On Pro-Life Status - January 25, 2011
Abortions Down In NC, Steady Nationwide - January 18, 2011
SC Governor Signs Pro-Life Bill - August 20, 2010
Oklahoma Lawmakers Defend Life - April 30, 2010
Nebraska Abortion Law Is Model For NC - April 20, 2010
Pro-Life Legislation Enacted Elsewhere - September 28, 2009

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