S. Dakota facing lawsuit over new abortion law

South Dakota facing lawsuit over new abortion law

Seattle Times news services

PIERRE, S.D. ?- Planned Parenthood filed a federal lawsuit yesterday against South Dakota officials, arguing that a new abortion law mixes ideology with medicine and requires that women considering an abortion be given false information.

The suit, filed in U.S. District Court Sioux Falls, names Gov. Mike Rounds and state Attorney General Larry Long as defendants. It argues that a law that is to take effect July 1 forces doctors to give women seeking abortions a list of statements that go beyond medical information into the realm of political and religious beliefs.

Many states have "informed consent" laws, including one already on the books in South Dakota. Such laws typically require that women be given medical information about the gestational age of the fetus, told of risks of infection and pain and informed about alternatives to abortion, such as adoption.

But South Dakota's Legislature went further, requiring that doctors give or read to patients a statement that says, "The abortion will terminate the life of a whole, separate, unique, living human being." It also warns that in having an abortion, a woman risks becoming depressed and committing suicide. The woman must sign a statement acknowledging that she has been given this information.

"Politicians can't force doctors to tell patients things that aren't true. That's bad medicine," said Kate Looby, director of the Planned Parenthood clinic in Sioux Falls, one of two in the state.

The suit challenges the law as an unconstitutional burden on a woman's right to an abortion.

Supporters of the new law, though, say it ensures that women seeking abortions will fully understand what they are doing. They say women need to hear the extra information because scientific knowledge has advanced since the 1973 Supreme Court decision that legalized abortion in every state.

"It's just imperative that information be brought forward," said Democratic Sen. Julie Bartling, one of the measure's main sponsors.

Mark Johnston, spokesman for Rounds, a Republican, said the governor's office does not comment on pending litigation.

The state attorney-general's office said it cannot comment until it receives the lawsuit and can study it.