Many Republican-led states have passed their own versions of the abortion ban Sen. Lindsey Graham is championing in Congress — but not his home state of South Carolina.
South Carolina lawmakers are trying to push the measure through this year, but it remains one of the few conservative-led states that haven’t passed so-called “fetal pain” laws prohibiting abortions past 20 weeks of pregnancy.
It hasn’t been liberals holding up debate over the bill, as Republicans hold wide majorities in the House and the Senate. Instead, conservatives have been tying things up by insisting the bill not include any exemptions beyond saving the life of the mother.
The state Senate passed the measure on Wednesday, only after Republican Sen. Lee Bright stopped filibustering it over some of the exemptions he objected to. Senators had added exemptions if the pregnancy resulted from rape or incest or if there was a severe fetal anomaly, none of which were included in the original House version.
Bright said he only dropped his objections because he said House leaders intended to strip those exemptions out again. If that happens, the House and Senate will likely go to conference to try to hammer out differences before the bill could become law.
But there is no guarantee they will reach agreement. South Carolina Republicans have been at odds all year over how to word the bill. Last year a version of it died after being passed by a Senate committee.
“I think the extreme faction in the legislature is not going to be satisfied with reducing women’s access to a legal medical procedure,” said Victoria Middleton, executive director of the American Civil Liberties Union of South Carolina, which opposes the bill.
Republicans’ divisions could work out favorably for the ACLU if more moderate members, who want more exemptions, can’t reach agreement with those further to the right, who don’t.
“Even in a conservative state that is perceived as a really extreme position,” Middleton said.
The holdups have frustrated abortion opponents, who have achieved marked success around the country with the “pain capable” bills. The measures are premised on the idea that after a certain point, around 20 weeks, a fetus can feel pain. More than a dozen states, most recently West Virginia, have passed such laws in the last few years.
The House passed a federal version earlier this month, and Graham has been pushing hard for the Senate to take it up. A spokesman for Graham said Wednesday that more state action on the measures will help fuel the federal effort.
“The more states which pass legislation in line with the pain capable legislation he has introduced, the better,” said Kevin Bishop. “It definitely helps increase and grow our vote in the Congress.”
South Carolina’s legislative session officially ends June 4, but lawmakers could reconvene to consider the bill after that. And because this is the first year of the state’s two-year session, they can take up next year right where they left off.
