COLUMBIA, S.C. (WPDE) — A newly proposed bill in South Carolina, known as the Prenatal Equal Protection Act, seeks to redefine legal personhood to include unborn children at any stage of development. If passed, this legislation would make abortion illegal in the state, treating the termination of a pregnancy as a potential homicide offense.
The bill, which was pre-filed in December 2023 and introduced in the South Carolina House of Representatives on January 14, 2024, is currently under review by the House Judiciary Committee. The act’s main purpose is to provide unborn children with the same legal protections as any other person under the state’s homicide laws.
Defining Life at Conception
The bill classifies an unborn child as a person from the moment of fertilization, a significant shift in legal terminology that would have far-reaching consequences for reproductive rights in South Carolina. Upstate Representative Mike Burns, one of the bill’s key sponsors, stated that its intent is to align with the 14th Amendment of the U.S. Constitution, which guarantees the right to life, liberty, and property.
“The purpose of the bill—I signed onto it when I learned it was a bill to recognize that life begins at conception,” said Burns.
Currently, South Carolina prohibits abortion after six weeks of pregnancy, a restriction that remains under legal challenges. However, if this bill is enacted, it would extend legal protections to embryos from the moment of conception, effectively banning all abortions in the state.
Exceptions and Legal Implications
The proposed law does include some exceptions, such as:
- Spontaneous miscarriages (which occur naturally and are not induced).
- Life-saving procedures necessary to protect the health of the mother.
- Unintentional errors made by physicians during medical procedures.
Despite these exceptions, the bill does not include exceptions for rape or incest, which has sparked intense debate among both lawmakers and the public.
Potential Criminal Charges for Abortion
One of the most controversial aspects of the Prenatal Equal Protection Act is that it could potentially subject women and medical professionals to criminal prosecution for performing or undergoing an abortion.
When asked whether women could face charges under this bill, Representative Burns responded,
“That wasn’t my goal to do that, and I was a little bit surprised that it was a possibility to do what it’s able to do apparently, and that’s why I told you on the onset there will be a time for that to be talked about.”
Legal experts have pointed out that the bill’s wording suggests abortion could be classified as homicide, which raises concerns about whether women who seek abortions—or even those who suffer pregnancy complications—could be prosecuted under criminal law.
Current Abortion Laws in South Carolina
As of now, South Carolina has a six-week abortion ban, meaning most abortions are illegal after fetal cardiac activity is detected. However, legal challenges have prevented full enforcement of this restriction.
If the Prenatal Equal Protection Act is passed, it would override the current six-week ban and completely outlaw abortion at any stage of pregnancy.
Political and Public Reactions
The bill has polarized lawmakers, activists, and citizens alike. Supporters argue that it is a necessary step to protect unborn lives and uphold the sanctity of life from conception. Opponents, on the other hand, see it as a dangerous overreach that could strip women of their reproductive rights and criminalize essential healthcare procedures.
Reproductive rights advocates and pro-choice organizations have condemned the bill, stating that it could lead to harsh legal consequences for women and doctors. Meanwhile, conservative lawmakers and pro-life groups have praised the bill as a bold stand against abortion.
Will the Bill Move Forward?
At this stage, the bill is still in committee and has not been scheduled for a hearing. Representative Burns admitted that it is unlikely to receive a hearing this year but emphasized that conversations about defining life at conception will continue.
With South Carolina’s history of enacting restrictive abortion laws, many are watching closely to see whether this legislation gains traction in the coming months. If passed, it would reshape the legal landscape of reproductive rights in the state and could set a precedent for future abortion laws across the country.
For now, the debate continues as South Carolina lawmakers navigate the complex legal, ethical, and medical implications of granting full legal protections to unborn children from the moment of conception.
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