South Dakota's Abortion Ban

[mr_pikachu]

NOTE: We've had some pretty vicious flame wars in Misc. about abortion, among other topics. So if at all possible, please limit this discussion to just the recent developments in South Dakota.

In case some of you hadn't heard, South Dakota recently announced a complete ban of abortion in the state. The bill went through the legislature and was signed by the governor, so it's official. However, this is a direct counter to the famous 1973 Roe v. Wade decision by the U.S. Supreme Court which legalized abortion in America. So the new law may well be challenged, which could present some difficult issues to the current Supreme Court.

Additionally, many major advocates on both sides of the abortion debate are currently scrutinizing this unprecedented tactic. For instance, if the new law is not overturned by the Supreme Court, it could provide precedent for future state laws. This is a worry for pro-abortion advocates (who are upset about the decision in general, as well). On the other hand, this sort of move could be seen as questionable by people who are undecided on the issue, as it is a state attempting to override a national decision. Such a scenario could make moderates hesitant to join the anti-abortion crowd, which concerns advocates of that view.

So what do you think about this new development in the debate over abortion?


More info on the uncertainty regarding the new law can be found here.

[.hacker]

I'm personally against abortion, but because of Roe vs. Wade, I think this law will be thrown out. That would really suck (IMO).

[Gavin Luper]

As much as I am against abortion (and I am very, very against it, except in extreme cases like rape, etc etc) and as much as I think the abortion rate (in Australia, at least) is on a rapid spike and is likely to keep rising, I do not think it should be completely outlawed. No matter how much you believe in something, if other people don't, you can't force them to.

As such, I reckon this new law should be overturned; abortion should not be completely outlawed, as much as I personally wish it could somehow be.

Maybe they should just have some kind of referendum or something?

[mr_pikachu]

Well, really, the problem here (from what I can tell) isn't about the nature of the law itself. It's the fact that one individual state is attempting to pass legislation overriding a national ruling. It's sort of like how a few areas briefly legalized same-sex marraiges last year. Once the national system caught up, the new ruling within the state was overturned, same-sex marraiges became illegal again, and all marraiges under that ruling were declared null and void.

In general, an attempt by a state to circumvent a national law isn't typically considered acceptable. Generally, the nation as a whole is considered the overriding power, and the usual attitude is that if there was a law on the books on a national standpoint in the first place, the issue must be important enough to merit major action on that level. The big question here, I think, is what response this move will elicit.

[Heald]

Maybe this is what will put South Dakota on the map.

Whatever people's opinions on abortion, it remains just that - an opinion. I find it extremely hypocritical how a rich, well-off man who could easily support a large family shuns a poor 19-year old single girl who got raped and wants an abortion. I'm not against limitations on abortions, in fact, I think they're a good thing but abortion should not be banned outright. I basically believe that if you can live with killing an unborn child, then go ahead, and if you can't, then don't, but obviously abortions should only be allowed for very good reasons, so if you think those reasons are better than ending a potential life, go ahead.

Anyway, hopefully this law will be overruled by the federal government with little incident. We don't want some two-bit state martyring itself in the name of religious fascism.

[Kris]

Like Heald said this is all based on what your opinion is. And its because of this I think it should be legal, so that people can make their own minds up. If you think its wrong then dont have one, if you think their ok then do have one.

[Arnen]

... I hate America right now. That's all I'm saying. -._-.

[APC]

well probably as one of the only people from south dakota i might be able to shed some light on all these recent developments. The entire state has been notoriously conservative since it first became a state (we only voted for democrats in 4 presidential elections, but we didn't vote for the democrat George McGovern who was from south dakota). Essentially this bill is being passed because we have an extremely conservative governor, who proposed the bill to people just as conservative as him. we are already one of the most strict states on abortion, but we wanted to try and be ahead of our time and be the only state to totally outlaw it. the bill will never make it to the supreme court, and will most likely get repealed in a lower federal court of some kind.

Personally, as one of the few liberal minds in the state, i believe this bill is a bunch of crap. The will of these conservative pious politicians who attempt to "do the greater good for the state" are really just pushing their own beliefs upon the people. I also believe that abortion has been mishandled for years, because its always the politicians in suits or the people on the steps touting bibles who decide what a woman can or can not do with their bodies. Also most people i've met who claim to be pro-life are really anti-abortion since they fervently believe in the death penalty, and don't say there's a difference between the two since according to the truely "faithful" life is life.

[phaedrus]

everyone knows this law will be tested. that's basically how it got passed.

i believe abortion should be legal. ok, you say, you're against abortions. well then, don't get an abortion. don't force other people to not do something because it shouldn't be done.

[Silver Ledian]

Personally I'm against abortion but I actually thought about it recently - not having one, or what would happen if I got pregnant unwillingly, because I'm a guy! - and was putting family members into the position of the pregnant woman. I think it's hard to have a solid stance on the matter unless someone close to you - or yourself - is in that position really.

I dunno about the whole regional government overpowering a national law - that's what's going on isn't it? :/ well that's what I take from it. Although the national government has overall rule, I don't think it's hard to understand that sometimes the regional government itself - which represents the people of that specific county/state etc. - has a better understanding of the stance/views of the people in that region.