South Carolina lawmakers will take up one of the most restrictive abortion proposals in the country when a Senate subcommittee convenes October 1 to hear Senate Bill 323. Opponents describe the legislation as an extreme and unconstitutional attack on personal rights.
The bill, also known as the “Unborn Child Protection Act,” would replace the state’s current six-week abortion ban with a total ban carrying severe penalties. Among its provisions, the bill would equate abortion with homicide, exposing patients and providers to sentences of up to 30 years in prison. It would also make it a felony to provide information about obtaining an abortion through a phone call or a website.
Senate Bill 323 goes far beyond banning abortion. It eliminates exceptions for rape, incest, fatal fetal anomaly, and deletes the “fetal heartbeat” framework from the existing law. It prohibits transporting a minor out of state to obtain an abortion, criminalizes possession of abortion medication, and requires public school students to watch “Meet Baby Olivia,” an anti-abortion video produced by Live Action. The bill also redefines legal contraception to exclude methods that prevent ovulation or implantation, raising concerns about restrictions on birth control and IVF.
“Senate Bill 323 is unconstitutional and deadly,” explained Courtney Thomas, the advocacy director for the ACLU of South Carolina. “This bill would criminalize medical care, invade our privacy, and place unconstitutional restrictions on speech, travel, and association. Any lawmaker who cares about the health and safety of South Carolinians should be fighting tooth and nail to stop this bill.”
Healthcare advocates warn that the proposal would criminalize doctors and threaten access to contraception and fertility treatments. “This bill is dangerous beyond anything we’ve seen before,” said Amalia Luxardo, CEO of the Women’s Rights and Empowerment Network. “It doesn’t just ban abortion. It criminalizes doctors, censors information, and even opens the door for lawsuits against anyone who helps a pregnant person.”
For those who have already been harmed by South Carolina’s existing ban, the new proposal compounds fear and uncertainty. Charleston mother Tori Nardone told ABC News 4 she was forced to leave the state after her fetus was diagnosed with a fatal anomaly during her second trimester. “It breaks my heart for other aspiring moms and other moms who want to grow their families, who are simply just terrified to do so in this state,” she said.
Advocates also note that the bill could worsen the state’s shortage of obstetricians. “We are going to see probably more medical professionals leave the state who specialize in the care of pregnant women,” said Matthew Butler, advocacy strategist with the ACLU of South Carolina.
The hearing is scheduled for Tuesday, October 1, at 9:30 a.m. in Room 105 of the Gressette Building at the Columbia State House. Public testimony sign-ups have not yet opened, but written comments can be submitted to the Senate Medical Affairs Subcommittee.
