The measure now goes to the full Senate for consideration.
COLUMBIA, S.C. โ A bill that would ban abortion at any stage of pregnancy with very limited exceptions is advancing in the South Carolina Senate.
The Senate Medical Affairs Committee voted 8-3 Tuesday to send the proposal to the full Senate after weeks of discussion. If passed, the measure would be among the strictest abortion bans in the country.
With only a few weeks left in the legislative session, lawmakers moved the bill to the Senate floor. The proposal would prohibit abortions at any point in a pregnancy and eliminate most exceptions for rape, incest, or fatal fetal anomalies.
The effort builds on South Carolinaโs current fetal heartbeat law, signed nearly three years ago, which bans most abortions at around six weeks once cardiac activity is detected.
Sen. Richard Cash, R-Anderson, who has pushed for similar legislation in the past, said the bill is focused on protecting life.
“Stopping the killing of unborn babies, protecting innocent human life is the single most important issue, I think we face, because it’s a moral issue,” Cash said.
Under the bill, a woman could be charged with a misdemeanor for obtaining an abortion, facing up to two years in prison and a $1,000 fine. Anyone who helps a pregnant person obtain an abortion could face up to five years in prison, while doctors who perform the procedure could face up to 20 years.
The legislation would also classify abortion-inducing drugs, including mifepristone and misoprostol, as Schedule IV controlled substances, potentially making them harder to obtain. It would also allow families to sue anyone who assists in obtaining an abortion.
Not all Republicans support the proposal.
Sen. Tom Davis, R-Beaufort, voted against the bill, pointing specifically to the removal of exceptions for rape, incest, and fatal fetal anomalies.
“You’re going to, I mean, on its face, require a young girl who’s been raped to carry the term, even if it’s going to die, you’re going to conscript her body for nine months. I’m almost at a loss for words, Mr. Chairman,” Davis said.
Efforts to pass a total abortion ban in South Carolina have stalled before. A similar bill sponsored by Cash was rejected in November, in part due to harsher penalties that included up to 30 years in prison for women who obtained abortions.
This version reduces those penalties, which Cash described as a necessary compromise to move the legislation forward. Still, he said limiting exceptions remains a key part of the proposal.
“The child is innocent in every case. If someone’s got to die because of the rape, it should be the rapist, not the baby. Is it fair to the woman? Of course, it’s not fair. Is it a terrible situation to be put in? Yes, it’s a terrible situation, and that’s why, for the rapist, there should be severe punishment,” Cash said.
Despite advancing out of committee, the billโs path forward remains uncertain. Republicans hold a supermajority in the Senate, but itโs unclear whether the proposal has enough support within the caucus to pass.
“It is so far out of line, and I’m not really sure what we’re doing here. This bill isn’t going to get debated on the calendar. This bill couldn’t muster 15 votes in that Senate,” Davis said.
If approved by the Senate, the bill would still need to go through the same committee and floor debate process in the House before it could reach the governorโs desk.
Lawmakers are working against the clock. Any bills not passed and sent to the governor by the end of the legislative session in May would have to be refiled next year.
