SC Supreme Court Upholds State Fetal Heartbeat Act in 4-1 Decision

In a 4-1 ruling issued today, the South Carolina Supreme Court has upheld the validity of the Fetal Heartbeat and Protection from Abortion Act, affirming, “[T]he legislature has found that the State has a compelling interest in protecting the lives of unborn children. That finding is indisputable and one we must respect.”

This decision marks a significant shift from the court’s earlier 3-2 verdict in January, which had deemed a prior iteration of the Fetal Heartbeat law to be in violation of the “right to privacy provision” within the South Carolina Constitution. The retirement of a justice and the addition of a new justice to the bench brought about this change in the voting dynamics. Notably, Justice John Few, who had previously voted against the initial heartbeat law, cast his vote in favor of the revised legislation.

Crafted by Justice John Kittredge, the opinion unveiled on Wednesday lifts the injunction that Planned Parenthood and individual abortionists had pursued subsequent to Governor Henry McMaster’s signing of the current law on May 25, 2023. The injunction had maintained the legality of abortions in South Carolina up until the 20th week of pregnancy. In addition to Justice Kittredge, Justice George James, Jr., who had previously upheld the earlier Heartbeat bill, as well as newly elected Justice Garrison Hill, and Justice Few, who provided a distinct opinion, were in concurrence. However, Chief Justice Donald W. Beatty, who had opposed the initial heartbeat bill, once again ruled against the 2023 version of the law.

Numerous secular news sources have inaccurately referred to the Fetal Heartbeat Act as a “six-week abortion ban.” This characterization is incorrect. The majority opinion clearly articulates, “The 2023 Act generally prohibits an abortion after the detection of a fetal heartbeat, not at a specific period of weeks into the pregnancy.”

Federal and State Legislators in support of the ruling responded:

“Today’s ruling from the S.C. Supreme Court is a monumental win for the right to life. I commend the South Carolina General Assembly for ensuring the passage of a Constitutionally sound bill that will stop the killing of babies once a heartbeat is detected. I’m grateful for all the South Carolinians who devoted years of work that culminated with this ruling to save innumerable lives from the ruthless practice of abortion.” – Congressman Jeff Duncan

Governor Henry McMaster released the following statement regarding this historic decision: “The Supreme Court’s ruling marks a historic moment in our state’s history and is the culmination of years of hard work and determination by so many in our state to ensure that the sanctity of life is protected. With this victory, we protect the lives of countless unborn children and reaffirm South Carolina’s place as one of the most pro-life states in America.”

“The South Carolina Supreme Court’s historic decision to uphold the state’s Fetal Heartbeat Act is a huge win in our efforts to protect the unborn and save innocent lives. I appreciate all the hard work of our state legislature and am proud of the South Carolina Attorney General’s Office team that defended this law in court.” – Attorney General Alan Wilson

“The issue of abortion in South Carolina law did not begin to be debated with the US Supreme Court’s Dobbs decision; it did, however, intensify the debate and ensured that South Carolina would live by law written in South Carolina.  Also, in the last few years, the concept of “heartbeat” came to the fore, debated both before and after the Dobbs decision.  It is well known that the SC Supreme Court struck down a previous “heartbeat” bill attempt to restrict abortion to a 6-week time frame, notwithstanding other exceptions for situations considered dire and extenuating.  The result of essentially no post-Roe law was that South Carolina became an abortion destination in the Southeast.  Today’s ruling by the SC Supreme Court is an indicator that the court took notice of the fact that the General Assembly stayed on task to make the “heartbeat” framework our law, making South Carolina a safer place for a newborn to gain entrance into the world.” – State Senator Danny Verdin

“In 2019, District 14 sent me to a Columbia to fight for the smallest of us – especially the preborn. With this ruling, we FINALLY have JUSTICE. Today, the South Carolina Heartbeat bill sets a new standard for ensuring all lives matter. Praise God!” – Stewart Jones, SC Representative for District 14

“I am grateful to God that finally, after a 5 year hard fought legal odyssey our state will no longer be an abortion destination state. There is still much work to do but this is a big step forward to ending the practice of abortion being used as birth control in South Carolina. This is also a win for the entire pro- life movement in the nation at a time when encouragement is sorely needed. Most of all, this is a win for thousands of children who will have the opportunity to grow up and live out their lives in SC.” – John R. McCravy III, SC Representative for District 13

“I am thankful that the Supreme Court found our law favorable for the sanctity of life! This has been going on for five years and glad to see the law finally pass.” – Doug Gilliam, SC Representative for District 42