It's not a 'ban' – it's protectionThis ruling in South Carolina is being viewed as not only a win for the unborn, but for all the members of the human family. 
"The heartbeat is an objective and discernible place to save human life. If we cannot recognize and protect the life of a human being with a beating heart, we're all in trouble," Holly Gatling, executive director of SC Citizens for Life, tells AFN. Gatling argues that if the general assembly cannot protect the heartbeat at its earliest stage, there's no guarantee that anyone who becomes vulnerable will be protected. "That's really the heart of the matter, and we want people to stop saying 'abortion ban,'" she says. "That's not correct. This is a pro-life protective law. It protects the unborn when a heartbeat can be detected, and it also protects their exceptions that protect the life and health of the mother." |
The justices unanimously ruled that while the medical language in the 2023 law was vague, supporters and opponents of the law all seemed to think it banned abortions after six weeks until Planned Parenthood lost its challenge to the entire law two years ago.
The law says abortions cannot be performed after an ultrasound can detect “cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.”
The state argued that is the moment when an ultrasound detects cardiac activity. Planned Parenthood said the words after the “or” mean the ban should only start after the major parts of the heart come together and “repetitive rhythmic contraction” begins, which is often around nine weeks.
The justices acknowledged the medical imprecision of South Carolina's heartbeat provision, which is similar to language in the laws in several other states. But they said that drove them to study the intent of the General Assembly which left no doubt lawmakers on both sides of the issue saw it as a six-week ban.
“We could find not one instance during the entire 2023 legislative session in which anyone connected in any way to the General Assembly framed the Act as banning abortion after approximately nine weeks,” Associate Justice John Few wrote in the court's decision.
The justices said opponents of the law used six weeks when proposing amendments that were voted down on when child support payments should start.
The fight over South Carolina’s abortion law is not over. Earlier this month, a federal judge allowed to continue a lawsuit by five OB-GYN doctors who said the vague definitions of heartbeat and the exceptions allowing abortions when a fatal fetal anomaly exists or a woman’s life is at risk prevents them from being able to properly treat patients because they fear they could be charged with crimes.
Republican South Carolina Gov. Henry McMaster said the state will continue to fight as long as the law is challenged.
“Today’s ruling is another clear and decisive victory that will ensure the lives of countless unborn children remain protected and that South Carolina continues to lead the charge in defending the sanctity of life,” he said in a statement.
5/15/2025 - Sidebar added.
