SDWC on the Ballot Measures: Bad law versus the inflexible. Vote your conscience in Amendment G.
(Since we’re going to start voting absentee by the end of the week, I wanted to pass on how we’re looking at the ballot measures, and to encourage your participation and your vote. And to provide input on viewpoints and information that you might consider as you think for yourself, and evaluate what you intend to do as you walk into the voting booth. – pp)
Constitutional Amendment G – SDWC asks, Have you ever been asked to pick the least worst of bad options? That’s what the proponents and opponents of Amendment G provide us. And frankly, neither one of them should win.
Title: An Initiated Amendment Establishing a Right to Abortion in the State Constitution.
Attorney General Explanation: This initiated amendment establishes a constitutional right to an abortion and provides a legal framework for the regulation of abortion. This framework would override existing laws and regulations concerning abortion.
The amendment establishes that during the first trimester a pregnant woman’s decision to obtain an abortion may not be regulated nor may regulations be imposed on the carrying out of an abortion.
In the second trimester, the amendment allows the regulation of a pregnant woman’s abortion decision, and the regulation of carrying out an abortion. Any regulation of a pregnant woman’s abortion decision, or of an abortion, during the second trimester must be reasonably related to the physical health of the pregnant woman.
In the third trimester, the amendment allows the regulation or prohibition of abortion except in those cases where the abortion is necessary to preserve the life or health of the pregnant woman. Whether an abortion is necessary during the third trimester must be determined by the pregnant woman’s physician according to the physician’s medical judgment.
Judicial clarification of the amendment may be necessary. The Legislature cannot alter the provisions of a constitutional amendment.
Vote “Yes” to adopt the amendment.
Vote “No” to leave the Constitution as it is.
A right to Abortion should not be enshrined in the State Constitution. On that I think many of us can agree. This is one of those things that belongs in state law, to evolve and progress as science progresses, reflecting public opinion.
South Dakota is a conservative, and largely pro-life state. The flipside of that is that there are problems with South Dakota’s law being too extreme. No exception for rape. No exception for incest. And there are questions regarding the exceptions for the life of the mother.
The Pro-Amendment G ballot statement argues “Politicians in Pierre have decreed that South Dakota women and girls who are raped must carry to term, thrown miscarriage care into utter confusion, and limited available treatment of extreme pregnancy complications.” Therein lies their strongest argument. With South Dakota being a conservative and limited government state, people aren’t looking for that intrusive of a government.
And, the opposition to abortion has been utterly inflexible regardless of how intrusive it is. When throwing it back to the states allowed a trigger law to take effect outlawing abortion almost entirely, they have not just stifled any discussion to find middle ground with exceptions, South Dakota Right to Life became active in the primary elections and actively shifted funds to expunge some legislators who would even consider it, despite legislator’s support of the group. Add to that an awful campaign effort by the Life Defense Fund, and you have a recipe for a campaign that’s in doubt where it’s going to go.
This inflexibility is what will ultimately drive this campaign. Polling shows that the pro-Amendment G group has the upper hand. In polling that’s much less public, there has been word that the Amendment has broad support. Maybe even stronger than the public polling hints at.
In refusing to consider exceptions such as rape and incest in recent legislative sessions, I believe the opponents may have doomed themselves, despite the basic flaws of the effort in trying to place it in the constitution.
The SDWC recommendation in this measure is to vote your conscience on Amendment G when you get to the ballot booth.
Because you’re going to do so anyway.








