Since the June 2022 decision in Dobbs v. Jackson Women’s Health Organization, trigger laws and new legislation have changed the abortion landscape in America. But the post-Dobbs reality is different from what both sides expected. It’s fair to say that when the decision came down, the country was caught off guard. Abortion proponents, who had clung to the idea of established precedent, believed Roe v. Wade was safe. Pro-life Americans, who had lived with nearly a half-century of “abortion rights,” did not want to get their hopes up.
The ruling didn’t create a culture of life overnight, nor did it turn the United States into some oppressive state similar to that of Margaret Atwood’s book The Handmaid’s Tale. But the massive victory has revealed something huge: the pro-life community was not ready.
In South Carolina, a group of senators has introduced a proposal that would criminalize abortion with the possibility of prison time for both the woman and anyone helping her. According to the bill’s text, those involved would face 30 years in prison for said offense. The bill, known as the Unborn Child Protection Act, would also restrict certain types of birth control that keep fertilization from occurring. The law would ban abortion except in cases of rape or incest, allowing abortion up to 12 weeks in those situations. It also allows abortion when the life of the mother is in jeopardy.
In response to the proposal, South Carolina Citizens for Life issued a press release strongly condemning the most controversial part of the bill. The SCCL is an influential pro-life organization in the state. It is adamant that women are also victims of a predatory abortion industry.
“Criminalizing women who have an abortion is inconsistent with our decades of work to legally protect both the unborn and the mother,” SCCL said.” Pro-lifers understand better than anyone else the desire to punish the purveyors of abortion who act callously and without regard to the dignity of human life. But turning women who have abortions into criminals, as S323 does, is not the way.”
It is encouraging to see a solid pro-life group take a stand against such legislation. The SCCL is not wavering on the issue of abortion; it is just as staunch in its belief that life is precious and unborn life should be protected. But the idea of criminalizing women, while it may somehow feel good, ignores that they are also casualties.
These women, many of them scared and unsure, are often pressured by family members or their significant others. They may not realize all the life-affirming options that are available. They’ve been told abortion is women’s healthcare and no different than birth control. To view them as no different than abortionists is to disregard the reality of the situation.
It is not unusual for these women to regret their choices. And some who have abortions go on to become pro-life advocates. They speak boldly and passionately about their experiences. By doing so, they can change and save lives. As the SCCL said, the “purveyors of abortion” who view it as nothing more than a repeat transaction should ultimately be held responsible.
CRISIS PREGNANCY CENTERS SPENT MORE THAN $450 MILLION IN 2024
The pro-life community — voters, activists, and legislators alike — faces an uphill battle. Public opinion on abortion didn’t suddenly turn more pro-life because of Dobbs. In fact, polling data show that feelings on the issue have remained stable in recent years: 63% of Americans feel abortion should be legal in all or most cases, compared to 36% who feel it should be illegal. The proposal in South Carolina, which includes making post-abortion women criminals, doesn’t help turn public sentiment toward the side of life.
The Dobbs decision allows individual states to set abortion laws without the federal protection of abortion that existed under Roe and Planned Parenthood v. Casey. Citizens and their legislators should support commonsense pro-life laws, but portions of the proposed bill in South Carolina are not commonsense. They are more retaliatory than anything. And they have no place in our society. Building a culture of life should be a priority. These ideas do not advance the cause.
Kimberly Ross (@SouthernKeeks) is a contributor to the Washington Examiner’s Beltway Confidential blog and a contributor to the Magnolia Tribune.