Proposed SC abortion ban does not include exceptions for survivors of sexual assault

COLUMBIA – The state House of Representatives committee tasked with drafting legislation that would ban abortion in South Carolina voted 9-3 Tuesday to move its draft legislation to the House Judiciary Committee for further review.

As it is currently written, the legislation would ban abortions while providing exceptions for the health and safety of the mother, but it would not include exceptions for survivors of sexual assault.

The proposed legislation must pass the House and the state Senate and be signed by the governor before becoming law.

Outside the hearing at the Statehouse, about 60 abortion-rights protesters gathered for nearly three hours for a rally hosted by the Women's Rights and Empowerment Network to "make some noise," according to the organization's Twitter account.

Christina Xan, a Columbia resident, said she attended hoping to make a difference.

“My greatest hope would be that being here changes a decision,” Xan said.

Rep. Beth Bernstein, a Democrat from Columbia, spoke at the rally about ensuring that elected officials are fairly representing their constituents.

“What they're doing inside is going to ban abortion without exception, and we need to make sure that they know that that doesn't represent South Carolinians' interests,” Bernstein said.

Proposal for SC abortion ban does not include exception for sexual assaults

At the start of Tuesday's hearing, Rep. John McCravy, a Republican from Greenwood who chairs the ad hoc committee, outlined the proposed legislation's main points, including exceptions for the health and safety of the mother.

The current draft does not include exceptions for survivors of rape or sexual assault.

"We have to admit that their lives matter," McCravy said of fetuses resulting from sexual assaults.

McCravy said including such exceptions would turn one tragedy into two.

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The proposed legislation outlines a list of specific health conditions, including ectopic pregnancies and severe preeclampsia, that would allow doctors to perform abortions, McCravy said. He added that the bill currently includes language stating that the list is non-exhaustive, meaning that other health conditions could fall under the exception.

Rep. Rosalyn Henderson-Myers, a Democrat from Spartanburg, questioned why the proposed legislation included certain health conditions if it also stated that list was not complete, saying it made the legislation confusing for medical providers.

McCravy also said the current legislation would criminalize abortions and allow doctors who perform the procedure to be prosecuted and potentially lose their medical license.

He said the bill does not include language preventing traveling across state lines to receive an abortion because legal experts have determined that would be unconstitutional.

The meeting Tuesday was called for member discussion, and no public comment was heard.

The same House committee heard seven hours of public comment from residents across the state earlier this month. Residents provided testimonies ranging from tearful accounts of the beneficial impact abortion has had to Bible scripture quotes supporting a complete ban of abortion.

Legislators in this conservative state have been expected to enact some level of abortion ban in the wake of last month's Supreme Court ruling that cleared the way for states to establish restrictions.

Committee members discuss proposal, emphasize legal process

Rep. Micah Caskey, a Republican from West Columbia, began committee discussion Tuesday by calling the proposed legislation an important first step.

Caskey said he appreciated the committee's efforts to include exceptions for the life of the mother and language protecting advancements in reproductive technology like in-vitro fertilization.

Democratic Reps. Chandra Dillard of Greenville and Henderson-Myers of Spartanburg spoke about needing to take time to fully evaluate the proposed legislation before sending it to the Judiciary Committee.

"This is not a one-and-done kind of issue," Henderson-Myers said.

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Dillard noted that Roe v. Wade was the law of the land for more than 50 years, saying that the committee should take time evaluating the proposed legislation.

Rep. David Hiott of Pickens and other Republican representatives on the committee disagreed with Dillard and Henderson-Myers, saying that moving along the proposed legislation to the Judiciary Committee is just an early step in the legislative process.

Ultimately, the committee voted to move the draft legislation forward the the House Judiciary Committee, with Reps. Dillard, Henderson-Myers and David Weeks voting against moving along the draft.

McCravy concluded the hearing by encouraging members of the committee to continue taking part in the drafting of the bill as it moves through the legislature.

Check back for more on this developing story.

– Tim Carlin covers county government, growth and development for The Greenville News. Follow him on Twitter @timcarlin_, and get in touch with him at TCarlin@gannett.com. You can support his work by subscribing to The Greenville News at greenvillenews.com/subscribe.

This article originally appeared on Greenville News: Proposed SC abortion ban: No exceptions for sexual assault