South Carolina Supreme Court Upholds Heartbeat Law

In a significant and closely-watched decision, South Carolina's Supreme Court handed down a ruling on Wednesday affirming the constitutionality of a law that seeks to protect unborn babies with detectable heartbeats from abortion. The court's ruling effectively lifted a previous injunction from a circuit court, allowing the Fetal Heartbeat and Protection from Abortion Act to go into effect. This pivotal moment marks a triumph for the state's pro-life legislators and represents a victory for proponents of the sanctity of life.

Photo credit: Viviana Rishe

Highlights

By Catholic Online (NEWS CONSORTIUM)
8/23/2023 (1 year ago)

Published in Marriage & Family

Keywords: South Carolina, law, heartbeat, pro-life, court

The Fetal Heartbeat and Protection from Abortion Act, which was signed into law by Republican Governor Henry McMaster in May, had faced legal challenges from organizations including Planned Parenthood and the Greenville Women's Clinic. These organizations contended that the law violated constitutional rights such as privacy, equal protection, and substantive due process. However, the state Supreme Court's 4-1 ruling refuted these claims, thereby clearing the way for the law's implementation.

This victory holds significant weight in South Carolina, a state that had previously passed a similar law in 2021, only to see it blocked and subsequently struck down by the state's Supreme Court in January of the following year. The dynamics of the court shifted due to the retirement of Justice Kaye Hearn, who had penned the majority opinion striking down the 2021 legislation. Justice Garrison Hill took her place on the bench, contributing to the altered composition of the court that ultimately made the difference in this latest ruling.

Justice John Kittredge, writing for the majority, highlighted the Legislature's determination that the state possesses a compelling interest in safeguarding the lives of unborn children. Kittredge emphasized that this determination, born out of robust debates and compromise, is rooted in the state's commitment to protect the unborn once a fetal heartbeat is detected through ultrasound by qualified medical personnel.

Governor McMaster expressed his satisfaction with the decision in an online statement, deeming it a historic milestone in the state's history. He acknowledged the collaborative effort that had gone into protecting the sanctity of life and celebrated South Carolina's status as one of the most pro-life states in the nation.

Marjorie Dannenfelser, President of SBA Pro-Life America, applauded the court's decision, viewing it as a testament to the prevailing sentiment among South Carolinians and their representatives to shield babies from abortion. Dannenfelser praised the commitment of various stakeholders, including Governor McMaster and Attorney General Alan Wilson, for their steadfastness in advancing the pro-life cause. She expressed optimism that the ruling would pave the way for countless lives to be saved, signaling a victory for life across the nation.

As South Carolina embarks on this new chapter with the Fetal Heartbeat and Protection from Abortion Act now in force, the state remains at the forefront of the ongoing national conversation surrounding reproductive rights and the protection of the unborn. This landmark ruling stands as a testament to the resilience of pro-life advocates and their enduring commitment to championing the sanctity of life.