2024 South Dakota Amendment G

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2024 South Dakota Amendment G
Flag of South Dakota.svg
November 5, 2024
Right to Abortion Initiative
2024 South Dakota Amendment G results map by county.svg

South Dakota Amendment G was a proposed constitutional amendment that appeared on the ballot on November 5, 2024. If passed, the amendment would have established a right to abortion in the Constitution of South Dakota up until approximately the beginning of the third trimester [nb 1] of pregnancy. [2] The amendment failed to pass, making it the second referendum about abortion since Dobbs to come out as anti-abortion and preserve the state's ban. [3]

Contents

Text

That Article VI of the Constitution of the State of South Dakota be amended by adding a NEW SECTION: [4]

Before the end of the first trimester, the State may not regulate a pregnant woman's abortion decision and its effectuation, which must be left to the judgment of the pregnant woman.

After the end of the first trimester and until the end of the second trimester, the State may regulate the pregnant woman's abortion decision and its effectuation only in ways that are reasonably related to the physical health of the pregnant woman.

After the end of the second trimester, the State may regulate or prohibit abortion, except when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life and health of the pregnant woman.

Background

South Dakota's abortion laws

In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens. [5] South Dakota's first ban on abortion was passed in 1877. [6] It read:

“Every person who administers to any pregnant woman, or who prescribes for any such woman, or advises or procures any such woman to take any medicine, drug or substance, or uses or employs any instrument, or other means whatever with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, is punishable by imprisonment in the territorial prison not exceeding three years, or in a county jail not exceeding one year.”

By 1950, the state legislature had passed a law stating that a woman who had an abortion or actively sought to have an abortion, regardless of whether she went through with it, was guilty of a criminal offense. [5] In 1972, the South Dakota Supreme Court unanimously upheld the constitutionality of the state's abortion ban in State v. Munson. [7] Munson was overruled less than a year later due to the United States Supreme Court's decision in Roe v. Wade . [8]

In 2005, the South Dakota Legislature enacted a trigger ban on abortion, which would ban abortion if Roe v. Wade was overturned. [9] A year later, Governor Mike Rounds signed the Women's Health and Human Life Protection Act, a second total ban on abortion, into law. The law's ultimate goal was for the United States Supreme Court to overrule Roe. [10] The act was ultimately repealed later that year through a ballot initiative led by Planned Parenthood. [11]

In June 2022, Planned Parenthood announced it would no longer provide abortion services in the state due to the pending decision in Dobbs v. Jackson Women's Health Organization . This left the state with no abortion provider until the court's decision a week later. [12] After the court's decision in Dobbs, the state's trigger ban went into effect immediately. [13]

Ballot measure submission

In 2022, Dakotans for Health, the group sponsoring the initiative, filed the amendment with Steve Barnett, the then-South Dakota Secretary of State. Barnett approved the measure for circulation on September 19, 2022. [14] On May 1, 2024, the group submitted some 55,000 signatures, well over the 35,000 needed to gain ballot access. [15] South Dakota Secretary of State Monae Johnson certified the petition on May 17, 2024. [16]

Campaign

Comments by Governor Kristi Noem

Kristi Noem
@KristiNoem
 X logo 2023.svg

.@realDonaldTrump is exactly right… this is about “precious babies.” It should be easier for moms, dads, and families to have babies — not harder. Different states will make different decisions on Life. What voters want in South Dakota might be different than what voters want in California. South Dakota is proud to stand for LIFE and support babies, moms, and families.

April 8, 2024

Before the organizers submitted the required signatures for the initiative, South Dakota's governor Kristi Noem had garnered controversy for her position on the state's abortion ban. In particular, her defense of the ban's lack of exceptions for rape and incest have been viewed as controversial. [17] In response to a video Donald Trump made regarding his position that the states should decide on abortion access, Noem echoed this sentiment and remarked, "Different states will make different decisions on Life. What voters want in South Dakota might be different than what voters want in California. South Dakota is proud to stand for LIFE and support babies, moms, and families." [18]

Shortly after this post, Noem reaffirmed this belief by saying, "The people will vote and they’ll decide what our state [abortion] law looks like...We get so much arguing and finger pointing. I’d rather that people just go out and have conversations. We, clearly, in the pro-life community, need to win people’s hearts and minds and that starts with loving people and helping mothers in crisis." [19] Noem also recognized that she would not have the last say on abortion access in the state, acknowledging that she "doesn’t get to be a dictator" on the laws. [19]

Gestational limitation

South Dakota's current abortion law outlaws all abortions with few exceptions. The proposed amendment's language is based on the trimester framework originally in the 1973 decision in Roe v. Wade. [20] At the time, fetal viability was generally regarded to occur around 28 weeks gestation. [21] However, viability is now considered to be closer to around 23–24 weeks. [22] Additionally, the trimester framework in Roe was overturned in 1992 in Planned Parenthood v. Casey . [23] As a result, there have been questions and misinformation about the gestational limitations of Amendment G. Opponents of the amendment have falsely argued this would allow abortions until the moment of birth. [24] Similarly, abortion rights groups have argued that the initiative does not go far enough in allowing abortion. [25]

Endorsements

Endorsements for Amendment G

Prominent Leaders

State Senators

  • Stan Adelstein, Republican businessman, former State Senator and State Representative of South Dakota (Republican) [29]
  • Nancy Turbak-Berry, Democratic former State Senator and Judge (Democrat) [30]
  • Reynold Nesiba, Minority Leader of the South Dakota Senate (2023–present) and state senator from the 15th district (2017–present) (Democrat) [31]

State Representatives

  • Linda Duba, state representative from the 15th district (2019–present) (Democrat) [32]
  • Oren Lesmeister, Minority Leader of the South Dakota House of Representatives (2023–present) and state representative from the 28A district (2017–present) (Democrat) [16]
  • Casey Murschel, former State Representative District 12 (2001–2007) (Republican) [33]

Organizations

Against Amendment G

Statewide officials

State Representatives

  • Jon Hansen, Vice President of South Dakota Right to Life, State Representative from the 25th district (2019–present) (Republican) [42]

Individuals

Organizations

Polling

Poll sourceDate(s)
administered		Sample
size		Margin
of error		YesNoUndecided
Emerson College/Nexstar Media [48] October 19–22, 2024825 (LV)± 3.3%45%48%7%
Mason-Dixon Polling & Strategy [49] May 10–13, 2024500 (RV)± 4.5%53%35%11%
Mason-Dixon Polling & Strategy [50] November 27–29, 2023500 (RV)± 4.5%46%44%11%

See also

Notes

  1. ↑ Amendment G's text is not explicitly clear on when abortion would be prohibited. The South Dakota Attorney General's opinion suggested it would require judicial review. [1]

Related Research Articles

<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

Abortion in Missouri is legal up to the point of fetal viability as a result of 2024 Missouri Amendment 3 taking effect 30 days after the November 5, 2024 general election.

Abortion in Arizona is legal up the point of fetal viability as a result of Arizona Proposition 139 being put into the Arizona state constitution.

Abortion in Colorado is legal at all stages of pregnancy. It is one of seven states without any term restrictions as to when a pregnancy can be terminated.

Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks post-fertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed, with this limit set on the fact that a fetus can feel pain after that point in the pregnancy. In July 2024, the Kansas Supreme Court struck down two abortion restrictions.

Abortion in Michigan is legal throughout pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.

Abortion in Montana is legal at most stages of pregnancy. The number of abortion clinics in Montana has fluctuated over the years, with twenty in 1982, twelve in 1992, eight providers of which seven were clinics in 2011, and five clinics in 2014. There were four clinics from 2015 to February 2018 when All Families Healthcare clinic in Whitefish reopened. There were 1,690 legal abortions in 2014, and 1,611 in 2015.

Abortion in Nebraska is mostly illegal after the 12th week of pregnancy.

Abortion in Ohio is legal up to the point of fetal viability as a result of abortion rights being placed into the Ohio State Constitution by November 2023 Ohio Issue 1.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Florida is generally illegal after six weeks from the woman's last menstrual period, This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.

<span class="mw-page-title-main">2022 Kansas abortion referendum</span>

The 2022 Kansas abortion referendum was a rejected legislatively referred constitutional amendment to the Kansas Constitution that appeared on the ballot on August 2, 2022, alongside primary elections for statewide offices, with early voting from July 13. If enacted, the amendment would have declared that the Kansas Constitution does not guarantee a right to abortion, giving the Kansas state government power to prosecute individuals involved in abortions, and further declared that the Kansas government is not required to fund abortions.

<span class="mw-page-title-main">2022 California Proposition 1</span> Successful referendum on enshrining reproductive rights in the state constitution

Proposition 1, titled Constitutional Right to Reproductive Freedom and initially known as Senate Constitutional Amendment 10 (SCA 10), was a California ballot proposition and state constitutional amendment that was voted on in the 2022 general election on November 8. Passing with more than two-thirds of the vote, the proposition amended the Constitution of California to explicitly grant the right to an abortion and contraceptives, making California among the first states in the nation to codify the right. The decision to propose the codification of abortion rights in the state constitution was precipitated in May 2022 by Politico's publishing of a leaked draft opinion showing the United States Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey in Dobbs v. Jackson Women's Health Organization. The decision reversed judicial precedent that previously held that the United States Constitution protected the right to an abortion.

<span class="mw-page-title-main">2022 Michigan Proposal 3</span>

2022 Michigan Proposal 3, the Right to Reproductive Freedom Initiative, also known as Reproductive Freedom for All, was a citizen-initiated proposed constitutional amendment in the state of Michigan, which was voted on as part of the 2022 Michigan elections. The amendment, which passed, codified reproductive rights, including access to abortion, in the Constitution of Michigan.

<span class="mw-page-title-main">2024 Maryland Question 1</span> Voter referendum

The 2024 Maryland Question 1 was a voter referendum that appeared on the ballot on November 5, 2024. It established in the Constitution of Maryland a right to reproductive freedom. The referendum was approved overwhelmingly, with more than three times as many voters voting in favor of it than against it, and only losing in Garrett County.

<span class="mw-page-title-main">2022 Vermont Proposal 5</span> 2022 ballot initiative

The 2022 Vermont reproductive rights initiative, officially titled the "Reproductive Liberty Amendment", and listed on the ballot as Proposition 5, was a legislatively referred constitutional amendment that was adopted on November 8, 2022, by a landslide majority of 76.8% of voters. It codified reproductive rights in the Constitution of Vermont. It was signed into the constitution by Republican governor Phil Scott on 13 December 2022.

<span class="mw-page-title-main">2024 Arizona Proposition 139</span> Proposed amendment to the Arizona Constitution

Arizona Proposition 139 is a constitutional amendment that was approved by voters on November 5, 2024, establishing a right to abortion in the Constitution of Arizona up until fetal viability.

<span class="mw-page-title-main">2024 Montana Initiative 128</span>

Initiative 128 was a ballot initiative that appeared on the ballot on November 5, 2024, to establish in the Constitution of Montana a right to abortion up to fetal viability. The initiative was approved by 58 percent of voters.

<span class="mw-page-title-main">Dakotans for Health</span>

Dakotans for Health is a grassroots organization founded by former 2014 South Dakota Democratic Senate Candidate Rick Weiland and former Senior Advisor to US Senator Tim Johnson Adam Weiland.

<span class="mw-page-title-main">2024 Nebraska Initiative 434</span> Proposed amendment to the Nebraska Constitution

Nebraska Initiative 434, officially titled "Nebraska Protect Women & Children Initiative" or "Prohibit Abortions After the First Trimester Amendment", and listed on the ballot as Initiative Measure 434, was a proposed constitutional amendment that appeared on the November 5, 2024 ballot in Nebraska. It amends the Nebraska Constitution to ban elective abortions in the second and third trimester, though it allows more restrictive laws such as the 12-week ban passed by the Legislature in 2023, which like the constitutional amendment includes exceptions for rape, incest and medical emergencies. Initiative 434 and Initiative 439 were mutually exclusive; only the one with more votes in favor would become law in the event both amendments passed.

References

  1. ↑ "Final Attorney General's Statement" (PDF). South Dakota Secretary of State. Retrieved 18 May 2024.
  2. ↑ "South Dakota to decide on abortion rights in fall as ballot initiative advances". The Guardian . May 17, 2024. Retrieved April 13, 2024.
  3. ↑ "South Dakota has rejected an abortion rights measure and voted down recreational marijuana". AP News. November 6, 2024. Retrieved November 6, 2024.
  4. ↑ "Amendment to Limit Government Interference with Abortion" (PDF). South Dakota Secretary of State. Retrieved 18 May 2024.
  5. 1 2 Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  6. ↑ Dobbs v. Jackson Women's Health Org., No. 19-1392, slip op. at 84 (U.S. June 24, 2022).
  7. ↑ "State v. Munson". Justia. September 26, 1972. Retrieved May 19, 2024.
  8. ↑ "State v. Munson". Justia. April 5, 1973. Retrieved May 19, 2024.
  9. ↑ "South Dakota". Center for Reproductive Rights. Retrieved May 19, 2024.
  10. ↑ South Dakota has banned abortion - is your state next? : Indybay
  11. ↑ McCann, Allison (May 23, 2017). "Seven states have only one remaining abortion clinic. We talked to the people keeping them open". Vice News. Retrieved 2019-05-23.
  12. ↑ "Planned Parenthood stops abortion services in South Dakota ahead of Supreme Court action on Dobbs". Argus Leader. June 15, 2022. Retrieved May 19, 2024.
  13. ↑ "South Dakota". Center for Reproductive Rights. Retrieved 2024-05-19.
  14. ↑ "Amendment to Limit Government Interference with Abortion" (PDF). Retrieved 19 May 2024.
  15. ↑ "Group submits 55,000 signatures for abortion-rights ballot question". South Dakota Public Radio. May 1, 2024. Retrieved May 19, 2024.
  16. 1 2 Dura, Jack (February 22, 2024). "GOP lawmakers try to thwart abortion rights ballot initiative in South Dakota". apnews.com. Associated Press. Retrieved May 19, 2024.
  17. ↑ "Noem defends no exception for rape, incest in South Dakota trigger law: No reason for "another tragedy" to occur". CBS. 26 June 2022. Retrieved 19 May 2024.
  18. ↑ @KristiNoem (April 8, 2024). ".@realDonaldTrump is exactly right… this is about "precious babies." It should be easier for moms, dads, and families to have babies — not harder. Different states will make different decisions on Life. What voters want in South Dakota might be different than what voters want in California. South Dakota is proud to stand for LIFE and support babies, moms, and families" (Tweet) – via Twitter.
  19. 1 2 "Noem: People will decide on abortion". KELO-TV. 11 April 2024. Retrieved 19 May 2024.
  20. ↑ "Roe v. Wade (1973)". LII / Legal Information Institute.
  21. ↑ Roe v. Wade, 410 U.S. at 160.
  22. ↑ "Fetal viability is at the center of Mississippi abortion case. Here's why". Washington Post. 1 December 2021. Retrieved 24 July 2022.
  23. ↑ Planned Parenthood v. Casey , 505 U.S. 833 (1992).
  24. ↑ "Learn More About the Abortion Amendment". Life Defense Fund. Retrieved 19 May 2024.
  25. 1 2 "This ballot measure would restore Roe. Abortion rights groups are attacking it". Vox. 26 February 2024. Retrieved 19 May 2024.
  26. 1 2 Daschle, Tom (June 23, 2023). "Ballot Measures: How South Dakota and Florida Could Shape the Future of Abortion Rights". Dakotans for Health. Retrieved October 12, 2024.
  27. ↑ Cohen, Rachel M. (Feb 26, 2024). "This ballot measure would restore Roe. Abortion rights groups are attacking it". Vox. Retrieved Feb 26, 2024.
  28. ↑ Brown, Elisha (July 27, 2024). "South Dakota father is leading effort to restore abortion rights in the state". South Dakota Searchlight. Retrieved July 27, 2024.
  29. ↑ "92-Year-Old Republican Senator Condemns Anti-Abortion Activists for Harassing Amendment G Petitioners". YouTube. 7 October 2023. Retrieved October 7, 2024.
  30. ↑ Strubinger, Lee. "Turbak to chair coalition backing abortion ballot question". South Dakota Public Broadcasting. Retrieved June 7, 2024.
  31. ↑ @ReynoldNesiba (May 14, 2024). "Republicans just cannot stand a fair fight. In SD Rep. Jon Hansen changed the rules on initiated measures. As we predicted, his ilk are now harassing people to prevent the restoration of female bodily autonomy. Let the people vote!" (Tweet) – via Twitter.
  32. ↑ "Linda Duba: "I believe public service is important and the best way to get involved in helping people."". sistersunitedsd.com. Sisters United. Retrieved June 7, 2024.
  33. 1 2 Terrall, Gracie (10 July 2024). "First Republican group to support SD abortion measure".
  34. ↑ @ForDakotans (May 16, 2024). "@sodaksos just certified our Freedom Amendment for the 2024 ballot with 85% validity! Despite intense opposition, the people of South Dakota will decide on abortion rights this Fall. Not the politicians. The fight begins now. Vote YES on G! #FreedomAmendment #AbortionRights #roevwade #YesonG" (Tweet) – via Twitter.
  35. ↑ Dakotans for Health (August 15, 2024). "South Dakota League of Women Voters Endorses Amendment G to Restore Roe v. Wade Rights". Dakotans for Health. Retrieved August 15, 2024.
  36. ↑ Lee Strubinger (July 24, 2024). "Dakotans For Health announce group of doctors supporting Amendment G". South Dakota Public Broadcasting. Retrieved October 2, 2024.
  37. ↑ "Faith Leaders endorse Freedom Amendment G to end South Dakota's abortion ban". Dakotans for Health. September 23, 2024. Retrieved October 2, 2024.
  38. ↑ "FFRF Action Fund grants support for 11 pro-abortion state referenda". ffrfaction.org. September 24, 2024. Retrieved October 13, 2024.
  39. ↑ "SDANW Takes Positions on Ballot Issues: Four More Good Reasons to Vote This November!". South Dakota Advocacy Network for Women. June 20, 2024. Retrieved October 12, 2024.
  40. 1 2 Rick Knobe (October 7, 2024). "South Dakota's top elected officials support government control of women's reproductive abilities". The South Dakota Standard. Retrieved October 12, 2024.
  41. ↑ Austin Goss (October 12, 2024). "Sen. Mike Rounds defends 'trigger law' he signed in announcing opposition to abortion measure". The Dakota Scout. Retrieved October 12, 2024.
  42. ↑ @RepJonHansen (November 29, 2023). "It was an honor to speak to these pastors yesterday. We stand united in opposition to the abortion-up-to-birth constitutional amendment" (Tweet) – via Twitter.
  43. ↑ Makenzie Huber (May 14, 2024). "Anti-abortion group is behind calls labeled a 'scam' by state election official". South Dakota Searchlight. Retrieved October 12, 2024.
  44. ↑ @sbaprolife (November 21, 2023). "Abortion activists in South Dakota are lying about their proposed amendment — if it passes it would: 1. Eviscerate parental rights 2. Eliminate health & safety standards 3. Allow painful late-term abortions Watch @LifeDefenseFund's video detailing the deceptive claims ⬇️" (Tweet) – via Twitter.
  45. ↑ Haiar, Joshua; Tupper, Seth (September 18, 2024). "Trial for abortion ballot measure in limbo as court staff 'not aware' of planned start date". South Dakota Searchlight. Retrieved October 12, 2024.
  46. ↑ Cohen, Rachel M. (February 26, 2024). "This ballot measure would restore Roe. Abortion rights groups are attacking it". Vox. Retrieved October 12, 2024.
  47. ↑ "SDRTL - Protecting Life In SD Since 1971". South Dakota Right to Life. August 21, 2024. Retrieved October 12, 2024.
  48. ↑ Emerson College/Nexstar Media
  49. ↑ Mason-Dixon Polling & Strategy
  50. ↑ Mason-Dixon Polling & Strategy
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