HB 1257 Threatens Obstetrics Care Under Guise of Clarifying Abortion Law; ACLU Comments

When urgent care is delayed in obstetrics, hemorrhage worsens. Infection spreads. Organs fail. No patient should have to wait for their provider to parse through legalese during a medical emergency.

But with an 8-1 vote, the Senate State Affairs Committee advanced House Bill 1257, legislation that claims to clarify the “medical emergency” exception to South Dakota’s near-total abortion ban.

The ACLU of South Dakota opposes House Bill 1257. “Medical emergency” exceptions to abortion laws are often narrow, vague and insufficient to protect pregnant people in life-threatening situations. The following statement can be attributed to Samantha Chapman, ACLU of South Dakota advocacy manager:

“Inserting non-medical terminology into law creates legal confusion for health care providers, potentially leading to life-threatening delays in emergency obstetrics while hospital lawyers attempt to interpret the rules. Deeply private, personal and unique decisions about abortion should not be made by politicians, but be made by pregnant people in consultation with their doctors – who should be able to treat their patients according to their best medical judgement.

“The call to clarify the exceptions to South Dakota’s extreme abortion ban just proves that one-size-fits-all laws don't work. In order for our laws to address all the possible circumstances that someone who is pregnant might face, we need to repeal the total abortion ban and make access to medical care the rule, not the exception.”

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About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.

The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.