Many opponents and supporters of abortion rights believe the US Supreme Court is more likely to overturn its 1973 Roe v. Wade decision legalizing abortion now that conservatives John G. Roberts Jr. and Samuel A. Alito Jr. are on the bench. Lawmakers said growing support among South Dakotans for abortion restrictions added momentum to the bill.
''I think the stars are aligned," said House Speaker Matthew Michels, a Republican. ''Simply put, now is the time."
Planned Parenthood, which operates the only abortion clinic in South Dakota, has pledged to sue over the measure. About 800 abortions a year are performed in South Dakota.
Some opponents of the bill said abortion should at least be allowed in cases of rape or incest, or where the woman's health is threatened.
If a rape victim becomes pregnant and bears a child, the rapist could have the same parental rights as the mother, said Krista Heeren-Graber, executive director of the South Dakota Network Against Family Violence and Sexual Assault. ''The idea the rapist could be in the child's life . . . makes the woman very, very fearful. Sometimes they need to have choice," Heeren-Graber said.
Under the measure, doctors could get up to five years in prison for performing an illegal abortion. The House passed the bill 50-to-18 yesterday; the Senate approved it 23-to-12 earlier this week. If signed, it would become law July 1.
Money for the anticipated legal fight is already pouring in. Lawmakers were told during the debate that an anonymous donor has pledged $1 million to defend the ban, and the Legislature is setting up a special account to accept donations.
''We've had people stopping in our office trying to drop off checks to promote the defense of this legislation already," Rounds said.
Leslee Unruh, president of the Alpha Center, a Sioux Falls pregnancy counseling agency that tries to steer women away from abortion, said most of the abortions performed in South Dakota do not stem from rape or even failed contraception, but are simply ''conveniences." Unruh said she believes most South Dakota women want the state to ban abortion, and many who have had abortions ''wish someone would have stopped them."
