Amendment G - Abortion

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FAILED

Result Icon Result

CONSERVATIVE

Alert regarding SD Amendment G:  The trial for the lawsuit filed by Life Defense Fund regarding the legality of the signed petitions for Amendment G has yet to be rescheduled.  A motion has been filed by Life Defense Fund asking the judge to decide the case without a trial, and the hearing for that motion has been scheduled for December 2.  Depending on the judge's decision, the measure could be invalidated.  However, vote as if your vote will count.

BALLOT LANGUAGE

This initiated amendment (p. 5) establishes a constitutional right to an abortion and provides a legal framework for the regulation of abortion. This framework would override existing laws and regulations concerning abortion.

The amendment establishes that during the first trimester a pregnant woman's decision to obtain an abortion may not be regulated nor may regulations be imposed on the carrying out of an abortion.

In the second trimester, the amendment allows the regulation of a pregnant woman's abortion decision, and the regulation of carrying out an abortion. Any regulation of a pregnant woman's abortion decision, or of an abortion, during the second trimester must be reasonably related to the physical health of the pregnant woman.

In the third trimester, the amendment allows the regulation or prohibition of abortion except in those cases where the abortion is necessary to preserve the life or health of the pregnant woman. Whether an abortion is necessary during the third trimester must be determined by the pregnant woman's physician according to the physician's medical judgment.

Judicial clarification of the amendment may be necessary. The Legislature cannot alter the provisions of a constitutional amendment.

WHAT IT MEANS

Yes

A "Yes" vote means that you desire to amend the South Dakota Constitution such that:

  • There is no regulation on abortion during the first trimester.
  • Abortion is legal during the second trimester to preserve the physical health of the pregnant mother.
  • Abortion is legal during the third trimester to preserve the life or health of the pregnant mother, which is determined by her physician according to his medical judgment. The ambiguous term "health of the pregnant patient" can be used to justify abortion at any point in pregnancy. The "need for an abortion" can be determined by the physician as necessary for any reason.  

No

A "No" vote will keep the current law regarding abortion in South Dakota, which states that:

ARGUMENTS FOR AND AGAINST

Yes

  • "Roe v. Wade is gone, and South Dakota politicians have imposed one of the most extreme abortion bans in the country with no exceptions for rape or incest. Help us restore abortion rights by donating, volunteering, and learning more about the ban. Vote YES on the Freedom Amendment, Amendment G, to reinstate Roe v. Wade protections and ensure women can make their own choices." - Dakotans for Health

  • "South Dakota's radical anti-abortion law is just plain wrong. It requires a woman who has been raped to give birth. It allows a doctor to be put in jail for helping a pregnant patient. It strikes fear into the heart of every woman who has ever faced miscarriage, or any of the other many dangerous problems of pregnancy, fear that she will be denied proper care because her OBGYN is afraid to offer it for fear of being criminally charged. Every one of those things is caused by our radical anti-abortion law, and every one of them is absolutely wrong." - Nancy Turbak-Berry, Freedom Amendment Coalition

  • “As doctors and healthcare professionals dedicated to the well-being of our patients, we have taken a decisive step to restore reproductive rights in South Dakota by joining the fight to pass Freedom Amendment G. We believe medical professionals know best what health care procedures will keep their patients safe. We believe our patients know best what health care outcomes are best for them and their families. We believe the government and politicians do not know and can never know better than a woman what is best for a woman whose health and family are at stake, or better than a doctor trying to protect that woman and her family.” - Dr. Marv Buehner and Dr. Amy Kelly, Doctors for Freedom

  • “The hard-core, anti-abortion wing of our party has captured the state Legislature and decreed that the freedom to choose abortion for any reason at any stage of pregnancy must be taken away. But that is not Republicanism. That is zealotry.” - Casey Murschel, Republicans for Freedom Amendment G

No

  • “The proposed constitutional amendment is radically anti-life and would override current laws that protect the unborn. The amendment specifies that in the first trimester, no safety measures could be established by the legislature – no protections for the mother, no health standards, no requirement to tell parents if their 14-year-old daughter is undergoing an abortion, no safety standards whatsoever. We know that the pro-choice lobby wants unrestricted access to abortion – but setting aside the safety of women in order to achieve their agenda is beyond heartless.” - Norman Woods, Family Heritage Alliance

  • “Amendment G puts women in danger by canceling requirements for abortionists to follow basic health and safety standards. Amendment G opens the door for abortions by out-of-state doctors, and even people who are not licensed physicians. Amendment G is fully-funded by Rick Weiland - he’s a politician, not a doctor with experience caring for South Dakota women.” - Doctors for Dakotans

  • “In the November 5, 2024 general election, voters will be asked to decide Amendment G. It would place in the South Dakota state constitution a right to have an abortion for any reason, even late in pregnancy when a preborn child is capable of feeling pain and living outside the womb. Amendment G also endangers women’s lives by eliminating health and safety regulations for most abortions.” - South Dakota Catholic Conference

  • "Casey Murschel, who endorsed Democrat Jamie Smith for Governor, might be registered “Republican,” but anyone who supports late-term abortion up to birth is as much of a far-left liberal as it gets. The actual South Dakota Republican Party at its annual convention just unanimously agreed to oppose the extreme, late-term abortion amendment G and urged all South Dakotans to oppose it." - Leslee Unruh and Jon Hansen, Co-Chairs, Life Defense Fund

Just some of the existing common-sense laws that would be overridden by the Constitutional Amendment include:

  • Parents’ rights to know when their minor daughter is pregnant and being pressured into an abortion
  • Protections for a mother from being forced to have an abortion against her will
  • Conscience protections so that doctors and nurses cannot be forced to participate in performing abortions against their will
  • Even basic health and safety requirements for abortionists to follow, including requirements that abortions be done by a physician and an inspected and clean facility

The list of horrible consequences goes on. The bottom line is that this Constitutional Amendment is truly extreme and a grave threat to the life of unborn children and mothers in our state.

- Life Defense Fund

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

Committees formed to SUPPORT South Dakota Constitutional Amendment G, Right to Abortion Initiative:

DAKOTANS FOR HEALTH

Selected Contributions TO Dakotans for Health include:

  • Takeitback.Org-Advocacy
  • Dakotans For Health
  • Stanford Adelstein
  • Elizabeth Zieglmeier
  • Merwin Foster
  • Arlene Kirby
  • Evelyne Rozner
  • Richard Miller
  • Nikki Heidepriem

No

Committees formed to OPPOSE South Dakota Constitutional Amendment G, Right to Abortion Initiative:

LIFE DEFENSE FUND

Selected Contributions TO Life Defense Fund include:

  • SD Right to Life
  • Sioux Falls Right to Life
  • Marj Anderson
  • Rapid City Right to Life
  • Vermillion Right to Life
  • Steven Perkins
  • Mitchell Right to Life
  • Adam & Joy Brain
  • Kathy Sulllivan
  • Anthony & Kathryn Kayser

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