Abortion access is in the hands of South Dakota voters. Here's what to know about Amendment G.
South Dakota voters will once again decide the future of abortion access in the state this November.
Amendment G proposes to establish a constitutional right to abortion and outlines a legal framework for regulating abortions.
South Dakota banned abortion, except "to preserve life of [a] pregnant female," after a 2005 trigger law went into effect when the U.S. Supreme Court overturned Roe v. Wade in June 2022. The law did not allow for exceptions in the case of rape or incest while also making it a class 6 felony to administer or procure an abortion for someone.
South Dakotans have a history of voting to repeal abortion bans and turning down proposed prohibitions.
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In 2006, Referred Law 6, a veto referendum centered on a bill that was passed by the state legislature earlier in the year, was defeated by 56% of voters. The bill would have prohibited abortions at all stages of pregnancy, except if necessary to preserve the life or health of the mother if enacted.
And in 2008, South Dakota voted against Initiated Measure 11, a measure which would have prohibited abortions at all stages of pregnancy, except if necessary to prevent death or the serious risk of substantial and irreversible impairment of a major bodily organ or system of the woman. It also carved out an exception for pregnancies resulting from rape or incest, if reported to law enforcement and before the 21st week of pregnancy.
Here's what to know about Amendment G before you head to the polls Nov. 5.
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What would Amendment G do?
Amendment G would allow pregnant women to obtain an abortion through the first trimester, or first three months of pregnancy. The state would not be allowed to implement regulations on "a pregnant woman's abortion decision" nor on the carrying out of an abortion during this stage of pregnancy.
The state would be allowed to impose limited regulations on abortion during the second trimester, but "only in ways that are reasonably related to the physical health of the pregnant woman."
The state would be allowed to regulate or prohibit abortions in the third trimester, except if the life and health of the mother is threatened.
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Amendment G would supersede the 2005 abortion ban if enshrined into the state's constitution.
A 2022 explanation from the South Dakota Attorney General's Office stated the amendment may need further clarification from the courts. Since it is a Constitutional amendment, the state legislature cannot alter the ballot measure if it is enacted.
A "yes" vote is a vote to adopt the amendment, while a "no" vote is a vote to leave the South Dakota Constitution as it is.
What do the proponents of Amendment G say?
Rick Weiland, a former Democratic candidate, is the sponsor of Amendment G. He is also the co-sponsor of Initiated Measure 28, another approved ballot measure which would prohibit the state from collecting taxes on "anything sold for human consumption."
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Dakotans for Health, which Weiland leads as the organization's executive director, is the main driving force behind the constitutional amendment.
Proponents argue the amendment uses the same framework and would restore the same protections under Roe v. Wade.
Nancy Turbak Berry, co-chair of the Freedom Amendment Coalition and a former Democratic lawmaker, argues the current abortion ban overly restricts women's reproductive freedoms and ties the hands of doctors and nurses.
What do the opponents of Amendment G say?
The Life Defense Fund is the main group opposing Amendment G. South Dakota's Republican leadership, including U.S. Sens. Mike Rounds and John Thune, U.S. Rep. Dusty Johnson and Gov. Kristi Noem, have also come out in opposition of the amendment.
Rep. Jon Hansen, R-Dell Rapids, and Leslee Unruh, an anti-abortion advocate, are co-chairs of Life Defense Fund and the main voices in the opposition effort.
Opponents argue Amendment G would enable "late-term" abortion, or abortions in the third trimester, due to how the amendment is written. The group argues this is because the amendment uses "unclear and vague" wording that allows abortions in the third trimester "to preserve … the health of the pregnant woman"; their argument rests on Doe v. Bolton, a 1973 companion case to Roe v. Wade, which the group says defined "health" through multiple "factors — physical, emotional, psychological, familial, and the woman's age."
The group also argues passing Amendment G would strip parents' rights in terms of knowing if their pregnant daughter is seeking an abortion.
An ongoing lawsuit could affect the outcome of the amendment
Life Defense Fund is currently suing Dakotans for Health over accusations that the latter's paid petition circulators improperly gathered signatures to place Amendment G on this year's ballot.
Life Defense Fund filed their lawsuit in June on the premise that Dakotans for Health did not comply with a 2018 law requiring petition circulators to file a sworn statement with residency information about each petition circulator.
The anti-abortion group also claims Dakotans for Health improperly circulated their petitions. The alleged misconduct ranges from leaving petition sheets unattended to using "bait-and-switch" tactics involving the separate IM-28.
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A trial over the ballot measure was scheduled for late September, but a scheduling issue pushed those plans past the November election.
Because the deadline to remove the measure has passed, Amendment G will appear on the general election ballot regardless.
Life Defense Fund believes the measure could still be invalidated at a later date.