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(South Dakota) State House passes bill outlawing abortion
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Posted on 02/12/2004 10:05:05 AM PST by presidio9
The South Dakota state House has passed a bill that would outlaw abortion and challenge the landmark Roe vs. Wade decision.
Approved 54 to 14 after two hours of emotional debate Tuesday, the bill would make the practice of abortion a felony carrying a five-year sentence.
A public-interest law firm that worked with lawmakers to draft the bill says it is designed to have the U.S. Supreme Court reconsider its 1973 Roe decision, which struck down state laws banning abortion.
"This is new and unique legislation that has never been considered by the Supreme Court," said Richard Thompson, president and chief counsel of the Thomas More Law Center in Ann Arbor, Mich. "
While we cannot predict the future, we do know that this legislation establishes significant facts that the courts will not be able to ignore."
House Bill 1191, sponsored by Rep. Matt McCaulley, says the legislature determined that based on the best scientific and medical evidence, life begins at fertilization and that South Dakota's Bill of Rights applies equally to born and unborn human beings.
The bill also finds abortions impose significant risks to the health and life of the pregnant mother, including significant risk of suicide, depression and other post- traumatic disorders.
"Abortion is an important moral issue that transcends party lines," McCaulley said. "Protecting unborn human life is something the vast majority of South Dakota residents support, and Democrats and Republicans joined together and passed a bill that will protect unborn human life in our state. We are ready to fight for the right to life, as opposed to waiting for it."
The bill now goes to the Senate where support continues to be strong, the More Center said, noting South Dakota Gov. Mike Rounds is pro-life.
The bill requires physicians to make every effort to preserve the life of both the mother and her unborn child.
Committee testimony on the bill included women who recounted their personal grief, severe depression and thoughts of suicide after having an abortions. Planned Parenthood representatives strongly opposed the measure, but the panel passed it 11-2, sending it to the House for Tuesday's vote.
TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; US: South Dakota
KEYWORDS: abortion; deeplysaddened; roevswade; tdids
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To: plain talk
Your point is well taken.
To: jgrubbs
If these are the most important issues to the new conservatives, I don't want to be a part of them. Abortion is murder, the fact that we have Pro-Choice Republicans and even Pro-Choice FReepers shows that TRUE conservative principles mean nothing anymore.Bump. Government should be an advocate for children, especially for the unborn innocents, who have no one else to defend them against the mother murdering them.
42
posted on
02/12/2004 1:18:55 PM PST
by
4CJ
(||) Support free speech and stop CFR - visit www.ArmorforCongress.com (||)
To: presidio9
GO FIGURE!!
SD: State House passes bill outlawing abortion
However, PRO-Choice and Emily LIST sponsored Herseth is leading the GOP dude by 29%
SD CD election in
SD house JUNE 1,04
Herseth 58% - Diedrich 29%
13% undecided
MAson Dixon - MOE+/- 3.5% (02/07/04)
http://www.argusleader.com/update/Wednesdayarticle4.shtml
43
posted on
02/12/2004 1:40:45 PM PST
by
KQQL
(@)
To: presidio9
Does anyone know what penalty this law provides for the principal perpetrator (the aborting woman)? I didn't see it mentioned in the article.
44
posted on
02/12/2004 1:55:10 PM PST
by
BearArms
To: BearArms
the penalty is immediate execution without a trial.
To: Javelina
Plus, the supreme court will not hear an appeal from whichever federal district or court of appeals over turns the law. Then the pro-abortion side gets a big headline:
"Supreme Court Upholds Roe"
I swear sometimes my friends in the pro-life movement are more dangerous than the pro-aborts.
46
posted on
02/12/2004 2:23:57 PM PST
by
ClintonBeGone
(<a href="http://www.freerepublic.com/~clintonbegone/">Hero</font></a>)
To: Javelina
It's not about a party winning or losing. It's about standing up for what is right and saving the lives of innocents.
To: Javelina
"If a bill is passed outlawing abortion, many Republican women would start voting Democrat."
Then GOOD RIDDANCE!
We don't need BABY KILLERS in the REPUBLICAN PARTY!
To: ClintonBeGone
"Plus, the supreme court will not hear an appeal from whichever federal district or court of appeals over turns the law."
Okay suppose they don't. It still brings the issue up in a new and interesting light. This vote was not along party lines. I'm not sure of the numbers (I've looked but can't find them, any FR help appreciated), but some Dems crossed over on this.
For years the Dems have held this issue as a non flexible part of their platform. There is no publicly spoken about Dem pro life movement. How many Dems can you think of that have had to change their view on this issue to fall in line for Dem national office. Whereas the Pubbies have allowed (wrong headed as it may be) a pro choice (death) movement to exist in the party.
I believe many Dem voters are in the majority of Americans that when polled, are against abortion on demand.
If the Dems who voted for this in SD will stand up and be proud that they defended the rights of the most innocent of children, perhaps we could see some other Dems who will allow their conscience to take over and say yes we are Dem but we don't believe in the murder of children.
I'm sorry this is rambling, but here is the point. We need to remove the stigma that forces Dems to choke back the bile and support abortion to please the party masters. We need to get this away from being a Rep vs Dem thing, and force people to see it from the standpoint of right and wrong, and if these Dems in SD had the courage, maybe it will spread.
I hope this made sense. I knew what I wanted to say but I don't know if I communicated it correctly. If anybody else sees where I'm coming from, please jump in and help.
49
posted on
02/12/2004 3:02:12 PM PST
by
rikkir
(I thought of a great tag line today...)
To: contessa machiaveli; All
the penalty is immediate execution without a trial.Well, there would have to be a trial first, but execution is the majority supported penalty for premeditated murder, isn't it? That or life imprisonment in less heinous cases. But right now, I'm just interested in determining if there is any penalty at all in this bill for the woman who willfully procures the killing of her embryo/fetus.
50
posted on
02/12/2004 4:02:10 PM PST
by
BearArms
To: rikkir
Okay suppose they don't. It still brings the issue up in a new and interesting light. This vote was not along party lines. I'm not sure of the numbers (I've looked but can't find them, any FR help appreciated), but some Dems crossed over on this.
Do you really think South Dakota is representative of the country as a whole? Or even the politics of Washington DC? The entire state is a contradiction, voting GOP for President and yet sending 2 liberal Democrat Senators to Washington. Respectfully, I think your theory is naive.
51
posted on
02/12/2004 4:18:59 PM PST
by
ClintonBeGone
(<a href="http://www.freerepublic.com/~clintonbegone/">Hero</font></a>)
To: presidio9
Bad timing. Very bad timing.
To: pawdoggie
in practical terms: STUPID, STUPID, STUPID! It is never stupid to try to fight for "right" against the federal govt and the tyrannical judiciary. Somebody has to do it like this [legally] or the guns will come out eventually.
53
posted on
02/12/2004 4:25:07 PM PST
by
Indie
To: BearArms
It doesn't look like there's any penalty for the mother, which I judge to be a good thing. As long as the would-be abortionist is deterred from doing the deed, that's enough to keep the baby alive. Establishing penalties for the mother would potentially turn women into suspects whenever they miscarry. It's an unnecessary risk to innocent women who would already be suffering from their loss.
54
posted on
02/12/2004 4:37:03 PM PST
by
inquest
(The only problem with partisanship is that it leads to bipartisanship)
To: ClintonBeGone
The entire state is a contradiction, voting GOP for President and yet sending 2 liberal Democrat Senators to Washington.That's hardly unique to South Dakota. People do not vote for congressmen on the basis of ideology. In congressional races only two words matter: KA-CHING.
55
posted on
02/12/2004 4:41:14 PM PST
by
inquest
(The only problem with partisanship is that it leads to bipartisanship)
To: jgrubbs
Case in point: Now North Dakota Senator Byron Dorgan was a vulnerable two-term congressman when he was challenged in 1984 by a dimwit RINO Republican Party who thought it would be cool to run a pro-abortionist woman named Lois Altenberg against him. Dorgan ran on a pro-life platform and buried Altenberg with 70% plus of the vote. Vulnerable before that election, he has never looked back or been seriously challenged since. The margin of the South Dakota legislature vote shows you just how popular the issue is in that part of the country.
To: inquest
That's hardly unique to South Dakota.
The issue isn't whether it's unique to SD, it's whether the state is a contradiction. I think you'll agree with me that it is.
57
posted on
02/12/2004 4:53:50 PM PST
by
ClintonBeGone
(<a href="http://www.freerepublic.com/~clintonbegone/">Hero</font></a>)
To: inquest
It doesn't look like there's any penalty for the mother, which I judge to be a good thing. As long as the would-be abortionist is deterred from doing the deed, that's enough to keep the baby alive. Establishing penalties for the mother would potentially turn women into suspects whenever they miscarry. It's an unnecessary risk to innocent women who would already be suffering from their loss.I'm sure that many who have committed murder have suffered emotionally in some way as a result of their willful, voluntary act (guilt, remorse, etc.). Nevertheless, justice requires that someone who kills a human being in a premeditated manner be punished severely, either by death or a long prison sentence. Why is it different in cases of abortion?
58
posted on
02/12/2004 4:56:02 PM PST
by
BearArms
To: ClintonBeGone
The issue isn't whether it's unique to SDI was going by the question you asked: "Do you really think South Dakota is representative of the country as a whole?"
59
posted on
02/12/2004 5:58:53 PM PST
by
inquest
(The only problem with partisanship is that it leads to bipartisanship)
To: BearArms
I understand your point. But for the reasons I stated above, I still would argue against charging a mother for the death of her unborn infant unless it were first proven that an abortionist had operated on her. That, for all practical purposes, would mean convicting him first.
60
posted on
02/12/2004 6:08:13 PM PST
by
inquest
(The only problem with partisanship is that it leads to bipartisanship)
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