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2024 South Dakota Amendment G

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2024 South Dakota Amendment G
November 5, 2024
Right to Abortion Initiative
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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]

Text

[edit]

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

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South Dakota's abortion laws

[edit]
See also: Abortion in South Dakota § History

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

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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

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Comments by Governor Kristi Noem

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Kristi Noem
@KristiNoem
 X logo, a stylized letter X

.@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
See also: Kristi Noem § Abortion

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

[edit]

South Dakota's current abortion law outlaws all abortions with few exceptions. The proposed amendment's language is based off of 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

[edit]
Endorsements for Amendment G
Prominent Leaders
State Senators
  • Stan Adelstein, Republican businessman, former State Senator and State Representative of South Dakota (Republican)[30]
  • Nancy Turbak-Berry, Democratic former State Senator and Judge (Democrat)[31]
  • Reynold Nesiba, Minority Leader of the South Dakota Senate (2023–present) and state senator from the 15th district (2017–present) (Democrat)[32]
State Representatives
  • Linda Duba, state representative from the 15th district (2019–present) (Democrat)[33]
  • 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)[34]
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)[44]
Individuals
Organizations

Polling

[edit]
Poll source Date(s)
administered 		Sample
size 		Margin
of error 		Yes No Undecided
Emerson College/Nexstar Media October 19–22, 2024 825 (LV) ± 3.3% 45% 48% 7%
Mason-Dixon Polling & Strategy May 10–13, 2024 500 (RV) ± 4.5% 53% 35% 11%
Mason-Dixon Polling & Strategy November 27–29, 2023 500 (RV) ± 4.5% 46% 44% 11%

See also

[edit]

Notes

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  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]

References

[edit]
  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. ^ a b 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. ^ a b 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. ^ a b "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. ^ a b "This ballot measure would restore Roe. Abortion rights groups are attacking it". Vox. 26 February 2024. Retrieved 19 May 2024.
  26. ^ 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. ^ 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.
  28. ^ Cohen, Rachel M. (Feb 26, 2024). "This ballot measure would restore Roe. Abortion rights groups are attacking it". Vox. Retrieved Feb 26, 2024.
  29. ^ 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.
  30. ^ "92-Year-Old Republican Senator Condemns Anti-Abortion Activists for Harassing Amendment G Petitioners". YouTube. 7 October 2023. Retrieved October 7, 2024.
  31. ^ Strubinger, Lee. "Turbak to chair coalition backing abortion ballot question". South Dakota Public Broadcasting. Retrieved June 7, 2024.
  32. ^ @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.
  33. ^ "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.
  34. ^ a b Terrall, Gracie (10 July 2024). "First Republican group to support SD abortion measure".
  35. ^ @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.
  36. ^ 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.
  37. ^ Lee Strubinger (July 24, 2024). "Dakotans For Health announce group of doctors supporting Amendment G". South Dakota Public Broadcasting. Retrieved October 2, 2024.
  38. ^ "Faith Leaders endorse Freedom Amendment G to end South Dakota's abortion ban". Dakotans for Health. September 23, 2024. Retrieved October 2, 2024.
  39. ^ "FFRF Action Fund grants support for 11 pro-abortion state referenda". ffrfaction.org. September 24, 2024. Retrieved October 13, 2024.
  40. ^ "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.
  41. ^ 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.
  42. ^ 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.
  43. ^ 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.
  44. ^ @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.
  45. ^ 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.
  46. ^ @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.
  47. ^ 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.
  48. ^ Cohen, Rachel M. (February 26, 2024). "This ballot measure would restore Roe. Abortion rights groups are attacking it". Vox. Retrieved October 12, 2024.
  49. ^ "SDRTL - Protecting Life In SD Since 1971". South Dakota Right to Life. August 21, 2024. Retrieved October 12, 2024.
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