SC Senate passes six-week abortion ban. New litigation expected after Gov. signs into law.

A male dominated, Republican-controlled South Carolina Senate passed a six-week abortion ban Tuesday, 27-19, after they voted to agree with the changes made by House lawmakers last week.

Five female Senators — three Republicans, a Democrat and an Independent — continued efforts to filibuster the ban. They argued most women were unlikely to know they were pregnant at six weeks. They said limited access to safe abortion care was only going to lead to a rise in illegal abortions.

Sen. Katrina Shealy, R-Lexington, offered alternatives such as 12-week abortion limitations.

"I've been very disappointed that we failed so many ways this year. We need reform in our judicial system. We need stronger bond reform. We need reform in our juvenile justice system," Shealy said.

"We need drug courts and the fentanyl drug issue that plagues our state is killing people every day, every hour, every few minutes. What about human trafficking and child abuse? What about helping veterans and the disabled in the poor? Do you really think there aren't other problems?"

Their efforts came to an end when the three Republican men who joined them to quash a near-total abortion ban, agreed with the majority's stance.

"This is a devastating blow to South Carolinians and to an entire region where patients' options for accessing abortion continue to dwindle," Alexis McGill, President and CEO of Planned Parenthood, said. "South Carolina lawmakers have gone against the will of their constituents, ignored the state Supreme Court, and wasted taxpayer dollars in an unnecessary special session, all to pass a law that they know is unconstitutional and will hurt people they serve."

Here's what to know about South Carolina's six-week abortion ban

The bill, S.474, which bans abortions after six weeks of conception with exceptions for rape and incest, is headed to Gov. Henry McMaster's desk and will replace a 22-week abortion ban to become law.

A new abortion access battle is poised to begin all over again after Planned Parenthood and the Center for Reproductive Rights tweeted Tuesday that they will sue the state as soon as the law goes into effect.

Abortion care advocates have said, S.474, is far more restrictive than its 2021 predecessor.

The six-week ban requires two doctor visits and two ultrasounds before a woman can get an abortion. Current state law already mandates women to sign a DHEC "Women's Right to Know" form and wait a day before they visit a clinic. Lawmakers also nixed a provision that would allow a minor to petition the court and get an abortion at up to 12 weeks of pregnancy. The provision would have narrowed exceptions for rape and fetal anomaly in the legislation, allowing abortions past six weeks only if a woman had a substantial risk of dying. Another change only allowed abortions if the anomalies in the fetus' growth were fatal. The legislation also opens healthcare workers up to prosecution if they provide abortion care.

Abortion debate not over in SC

Senate Majority Leader Shane Massey, R-Edgefield, has continued to back the controversial and medically inconsistent idea that a fetus has a heartbeat at six weeks.

"A heartbeat clearly indicates life. Today, Senate Republicans kept their promises and stood up for life in South Carolina," Massey said, adding that South Carolina would no longer not be the abortion capital of the Southeast.

According to a 2022 Winthrop poll, 86% of surveyed voters said a woman should be able to access abortion services if a pregnancy threatened her life or health. In cases of rape, 82% supported abortion services. The numbers dipped to 46% when asked if a woman could get an abortion for any reason.

A 2022 Commonwealth Fund research found states with abortion bans had increased maternal mortality. In 2020, states with abortion bans had 62% more maternal deaths than states that allowed abortion access. Statistically, people of color were more likely to be affected. Black women are three times more likely to die after giving birth compared to white women, according to a 2022 KFF analysis.

This was the fifth time the General Assembly discussed the legislation this year and so far, lawmakers have rejected efforts to make abortion a ballot question. The Senate originally passed the six-week abortion ban back in Feb. Twenty-nine Republicans, including Shealy and Penry Gustafson, R-Kershaw, voted to advance the six-week abortion ban. Sen. Sandy Senn, R-Charleston, was the only one to resist the effort.

Meanwhile, House Republicans were set upon advancing a near-total abortion ban. The differences between the two chambers had led to a deadlock that refused to end.

The five female senators in the chamber thwarted efforts to pass a near-total abortion ban in last month, leaving House lawmakers to redirect their energies on an abortion ban they knew they could pass. They waded through close to 1,000 amendments introduced by Democrats. But the bill ultimately passed 82-32.

This week, the ball was back in the Senate's court. Senn told CNN last week that the women in the chamber would block efforts to pass the bill. However, it was unclear if the three male senators who had previously supported them— Tom Davis, R-Beaufort, Greg Hembree, R-Horry and Luke Rankin, R-Horry — would change their mind.

The push and pull between versions of abortion bans has led lawmakers like Shealy to openly criticize the gender dynamics of the male-dominated legislature and the legislative priorities.

"How will this all work out?" Shealy tweeted last week during the House debate. "This has been 4 times in 8 months. Even if this were to pass, they will want us to take up a new bill in January. It’s the bill that never ends!"

Devyani Chhetri covers SC politics for the Greenville News. Reach her via email at dchhetri@gannett.com.

This article originally appeared on Greenville News: SC Senate passes six-week abortion ban. New litigation.