南卡罗来纳州众议院周二否决了一项法案,该法案将禁止几乎所有在检测到胎儿心脏活动后的堕胎。拟议中的禁令将为母亲的生命或健康处于危险时,因强奸或乱伦导致的胎儿致命畸形和早期妊娠做出例外规定。
该法案由州参议院于9月份提出它否决了堕胎禁令由众议院提议。该立法提案出台之际,州最高法院阻止了一项为期六周的堕胎禁令在正在进行的诉讼中生效。
该法案以95票对11票失败,因为立法者仍然对该州的堕胎监管存在分歧。
该法案将使实施堕胎或管理或分发诱导堕胎的药物成为非法。被判堕胎罪的人将面临10,000美元的罚款和长达两年的监禁。
拟议的法案还要求根据强奸或乱伦的例外情况提供堕胎服务的医生在实施或诱导堕胎后24小时内向县治安部门报告手术情况。
医生将被要求报告病人的姓名和联系信息,保存胎儿遗体的DNA样本,并将其作为证据提交给当局。
该法案要求堕胎服务提供者在病人的医疗记录中添加一条注释,说明堕胎是在一种例外情况下进行的。
South Carolina State Senator Sandy Senn debates a new ban on abortion at the state legislature in Columbia, S.C., on Sept. 8, 2022.
山姆·沃尔夫/路透社
根据该法案,计划生育也将被禁止使用国家资金用于任何与堕胎有关的目的。
八月,州议会通过了一项近乎全面的禁令关于堕胎,只对强奸和乱伦导致的怀孕规定了例外。州参议院否决了该法案,通过了自己的堕胎法案,并将其送回众议院。
南卡罗来纳州州长亨利·麦克马斯特(Henry McMaster)曾表示,他将签署堕胎禁令,使之成为法律,他在8月份告诉美国广播公司新闻(ABC News),他将“认真考虑最终提交给他的任何立法,但他认为这是参议院开始审议的一个良好开端,”指的是第一项众议院法案。
麦克马斯特还于2021年2月批准了一揽子法案,禁止在检测到胎儿心脏活动后堕胎。这项禁令是在罗伊案被推翻后生效的,但是现在被阻止由南卡罗来纳州最高法院,而法官审查由计划生育7月份提起的诉讼。该诉讼称,该禁令是对隐私的侵犯,违反了州宪法下的平等保护。
South Carolina House rejects bill to ban abortions with few exceptions
The South Carolina House rejected a bill Tuesday that would've banned nearly all abortions after fetal cardiac activity is detected. The proposed ban would have made exceptions for when the mother's life or health is in danger, for fetuses with fatal anomalies and first-trimester pregnancies that are a result of rape or incest.
The bill was introduced by the state Senate in September afterit rejected an abortion banproposed by the House. The proposed legislation comes as the state Supreme Court blocked a six-week ban on abortion from going into effect amid ongoing litigation.
The bill failed with a vote of 95 to 11, as lawmakers remain at odds over regulating abortion in the state.
The bill would have made it illegal to perform an abortion or administer or distribute drugs that induce an abortion. A person found guilty of providing an abortion would have faced a fine of $10,000 and jail time of up to two years.
The proposed bill would have also required physicians who provide abortion services in line with the exceptions for rape or incest to report the procedure to their county sheriff's department within 24 hours of performing or inducing the abortion.
Physicians would have been required to report the name and contact information for the patient and to preserve a DNA sample from the fetal remains and submit it as evidence to authorities.
The bill required abortion providers to add a note to the patient's medical records stating that the abortion was performed under one of the exceptions.
Under the bill, Planned Parenthood would've also been prevented from utilizing state funds for any purposes related to abortions.
In August, the state Housepassed a near-total banon abortion which only provided exceptions for pregnancies that are a result of rape and incest. The state Senate rejected the bill, passing its own abortion bill and sending it back to the House.
South Carolina Gov. Henry McMaster had signaled he would sign an abortion ban into law, telling ABC News in August that he would "carefully consider any legislation that ultimately reaches his desk, but he believes this is a good starting point for the Senate to begin its deliberations," referring to the first House bill.
McMaster also approved in February 2021 a package of bills banning abortions after fetal cardiac activity is detected. The ban took effect after Roe was overturned, but isnow blockedby the South Carolina Supreme Court while justices review a lawsuit filed by Planned Parenthood in July. The lawsuit claims that the ban is an invasion of privacy and violation of equal protection under the state constitution.