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Opinion

Potter: South Dakota bill unfairly limits abortion access

It’s hard to believe that in 2014, Tea Party Republicans are attempting to undermine women’s rights, Supreme Court decisions and the Constitution itself.

A Tea Party Republican lawmaker in South Dakota proposed a new bill that could severely restrict access to abortion statewide. Under House Bill 1241, it would be a “felony to perform any abortion procedure that causes a fetus to become ‘dismembered,’” according to a Feb. 13 article from The Huffington Post. The maximum punishment for abortion providers under this law is life in prison, according to the article.

Bill 1241, if passed, essentially makes abortion illegal in South Dakota. An anonymous abortion provider who spoke with RH Reality Check, a reproductive and sexual health activist group, said “as soon as there are viable parts, the fetus or embryo is rarely removed intact.”

This statement shows that this legislation is a backhanded attempt to ban abortion in South Dakota. This one-page bill is hastily written and includes vague, gruesome language. State Rep. Isaac Latterall is the bill’s sponsor. His stance on abortion is clearly backed by emotion and religious principles, rather than a scientific understanding of abortion.

Bill 1241 should not be tolerated by South Dakota voters. Abortion is a very private and sensitive issue that should not be unduly restricted by the state or federal government.



If this bill is passed, health care providers will likely stop providing abortions all together because of the potential consequences. This bill is clearly an indirect attempt to completely diminish access to abortion in South Dakota.

In the article, Latterall said, “it just makes clear that a certain procedure that is totally horrific and gruesome to any reasonable person would not be an acceptable method of ending a child’s life.”

Latterall is a man without a medical degree. Lawmakers should not attempt to exercise this extent of control over personal decisions without proper context on the issue. Latterall’s moral agenda should not become a blanket opinion that represents his constituents. Bill 1241 and similar bills are clearly attempts to project a particular religious and moral agenda onto the public.

Representatives like Latterall lack respect for the Supreme Court decision in Roe v. Wade. The Roe v. Wade decision in 1973 established the legality of abortion before a fetus is considered viable. Bill 1241 is in direct contradiction to the Roe v. Wade decision and the personal liberties laid out in the Constitution because it essentially makes abortion illegal in the state of South Dakota. This bill jeopardizes women’s privacy and personal rights.

According to Representative Latterall’s website, he will “defend our liberties and the Constitution.” Considering this claim, it is contradictory that he has sponsored legislation that jeopardizes personal liberties and violates the Supreme Court’s interpretation of the Constitution. Latterall, like many Tea Party Republicans, defends the Constitution only when it is convenient for his personal agenda. This inconsistency is illogical and unacceptable. Bill 1241 prioritizes Latterall’s personal beliefs over personal liberties for South Dakota residents.

This is a clear example as to why factions of the Republican Party get labeled as “anti-woman.” Abortion is a personal medical decision that should remain between doctor and patient. It is long past time that the Tea Party Republicans stop attempting to evade the Roe v. Wade decision and violate women’s rights. American women are entitled to freedom to control their reproductive health. This attempted mingling with access to abortion has and will continue to lose votes for the Republican Party.

It is unlikely this bill will pass in the state legislature, but it still shows how far behind the times Tea Party Republicans really are.

Rachel Potter is a junior political science and sociology major. Her column appears weekly. She can be reached at repotter@syr.edu.





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