Only illegal abortions will become the norm

Gov Rounds said: "In the history of the world, the true test of a civilisation is how well people treat the most vulnerable and most helpless in their society.

"The sponsors and supporters of this bill believe that abortion is wrong because unborn children are the most vulnerable and most helpless persons in our society. I agree with them," he said in a written statement.

South Dakota Women’s Health and Human Life Protection Act (HB 1215)
Signed into Law by South Dakota Gov. Mike Rounds
March 6, 2006


AN ACT

ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. The Legislature accepts and concurs with the conclusion of the South Dakota Task Force to Study Abortion, based upon written materials, scientific studies, and testimony of witnesses presented to the task force, that life begins at the time of conception, a conclusion confirmed by scientific advances since the 1973 decision of Roe v. Wade, including the fact that each human being is totally unique immediately at fertilization. Moreover, the Legislature finds, based upon the conclusions of the South Dakota Task Force to Study Abortion, and in recognition of the technological advances and medical experience and body of knowledge about abortions produced and made available since the 1973 decision of Roe v. Wade, that to fully protect the rights, interests, and health of the pregnant mother, the rights, interest, and life of her unborn child, and the mother's fundamental natural intrinsic right to a relationship with her child, abortions in South Dakota should be prohibited. Moreover, the Legislature finds that the guarantee of due process of law under the Constitution of South Dakota applies equally to born and unborn human beings, and that under the Constitution of South Dakota, a pregnant mother and her unborn child, each possess a natural and inalienable right to life.


Section 2. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.

Any violation of this section is a Class 5 felony.


Section 3. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

Nothing in section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.


Section 4. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 2 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.

Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of this statute.

Nothing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.


Section 5. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:


Terms used in this Act mean:

"Pregnant," the human female reproductive condition, of having a living unborn human being within her body throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and child birth;


"Unborn human being," an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and childbirth;


"Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum.


Section 6. That § 34-23A-2 be repealed.

Section 7. That § 34-23A-3 be repealed.

Section 8. That § 34-23A-4 be repealed.

Section 9. That § 34-23A-5 be repealed.


Section 10. If any court of law enjoins, suspends, or delays the implementation of a provision of this Act, the provisions of sections 6 to 9, inclusive, of this Act are similarly enjoined, suspended, or delayed during such injunction, suspension, or delayed implementation.


Section 11. If any court of law finds any provision of this Act to be unconstitutional, the other provisions of this Act are severable. If any court of law finds the provisions of this Act to be entirely or substantially unconstitutional, the provisions of § § 34-23A-2, 34-23A-3, 34-23A-4, and 34-23A-5, as of June 30, 2006, are immediately reeffective.


Section 12. This Act shall be known, and may be cited, as the Women's Health and Human Life Protection Act. An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

Source: South Dakota Legislature

Under state law, if opponents collect 16,728 signatures of registered voters in the next three months the law will be delayed and a vote held on the issue in November.

C.I.

The standard answer I get from so-called Christians is that those who die attempting an abortion deserve it (even if it is the product of incest or rape)

In fact, some go so far as to support the death penalty for those who perform or assist abortions....I guess they translate from the original hebrew

"Thou shalt mostly not kill overly much (unless you wanna)"

Alito Sends Dobson a Valentine

During his broadcast today, Focus on the Family founder and president James Dobson promoted his organization's annual ex-gay conference, Love Won Out, in which gays and their families are told that homosexuality is "preventable and treatable." Then, he presented evidence that "the pendulum is swinging back," informing his listeners that he had just received a thank you note from new Supreme Court Justice Samuel Alito. Dobson praised his listeners for helping to helping to seat John Roberts and Alito in time for a partial-birth abortion case ("in this case, [your activism] absolutely affected history," he told his audience).

Not only is it unprecedented for a Supreme Court justice to send a thank you note to an interest group, it is highly unethical. Alito has admitted that he owes his job to a man who told his listeners today to "please be in prayer that by the time that probition on abortion reaches the Supreme Court, there will be one more conservative justice sitting there." From now on, plaintiffs and defendants in cases dealing with issues from abortion to gay rights to school prayer should demand that Alito recuse himself. Alito is deeply embedded in the pocket of the Christian right and perhaps more compromised than anyone could have imagined.


Here is the text of Alito's letter to Dobson, which Dobson read on air:

Dear Dr. Dobson:

This is just a short note to express my heartfelt thanks to you
and the entire staff of Focus on the Family for your help and
support during the past few challenging months.

I would also greatly appreciate it if you would convey my
appreciation to the good people from all parts of the country who
wrote to tell me that they were praying for me and for my family
during this period.

As I said when I spoke at my formal investiture at the White
House last week, the prayers of so many people from around the
country were a palpable and powerful force.

As long as I serve on the Supreme Court I will keep in mind the
trust that has been placed in me.

I hope that we'll have the opportunity to meet personally at
some point in the future.

In the meantime my entire family and I hope that you and the
Focus on the Family staff know how we appreciate all that you have
done.

Sincerely yours,

Samuel Alito


# posted by max blumenthal @ 1:54 PM

The Legislature accepts and concurs with the conclusion of the South Dakota Task Force to Study Abortion, based upon written materials, scientific studies, and testimony of witnesses presented to the task force, that life begins at the time of conception, a conclusion confirmed by scientific advances since the 1973 decision of Roe v. Wade, including the fact that each human being is totally unique immediately at fertilization.

No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.

Nothing in section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.

that to fully protect the rights, interests, and health of the pregnant mother, the rights, interest, and life of her unborn child, and the mother's fundamental natural intrinsic right to a relationship with her child, abortions in South Dakota should be prohibited.

Eorl Wrote:

Quote:

C.I.

The standard answer I get from so-called Christians is that those who die attempting an abortion deserve it (even if it is the product of incest or rape)

In fact, some go so far as to support the death penalty for those who perform or assist abortions....I guess they translate from the original hebrew

"Thou shalt mostly not kill overly much (unless you wanna)"

Standard answer? I can't say I have ever seen this even being mentioned on A2K before, Eorl, so I am guessing you are talking about in real life? I don't think I even know a Christian that would make such a ridiculous statement, so saying this is the "norm" just might be stretching it?

Both men and women should be given the choice of whether to take responsibility for the next 18 years of life of an unwanted embryo, whatever the circumstances of its conception.

And exactly how is SD fully protecting the rights, interests and health of women who wish to have sexual relationships but whose bodies, careers, or well-being would be impaired by unwanted pregnancy?

Terry wrote-

[

Quote:

Both men and women should be given the choice of whether to take responsibility for the next 18 years of life of an unwanted embryo, whatever the circumstances of its conception.

They have no choice in the matter.They are responsible for ever for a life they create.Whatever they do about that they remain responsible.

And

Quote:

And exactly how is SD fully protecting the rights, interests and health of women who wish to have sexual relationships but whose bodies, careers, or well-being would be impaired by unwanted pregnancy?

Suppose they wish to drive dangerously.They know what to do to avoid unwanted pregnancies surely.