Emergency contraception provision part of abortion ban debate
Posted: Sunday, August 20, 2006
SIOUX FALLS, S.D. (AP) -- South Dakota's abortion ban, which faces voters in November, does not allow exceptions for rape and incest victims. But the ban's supporters say it's not as restrictive as it appears.
The legislation allows for emergency contraception to help prevent pregnancy from occurring, said Dr. Stephen Billion of Sioux Falls, who supports the ban.
The provision allows a woman to take emergency birth control before she tests positive for pregnancy.
But the ban's critics say such emergency contraception isn't widely available in South Dakota. They also say many rape and incest survivors don't report the crime at all -- let alone within the short time during which the drugs are effective.
The U.S. Justice Department estimates less than 40 percent of rapes and sexual assaults are actually reported.
An abortion-rights supporter, Dr. Maria Bell of Sioux Falls, said the provision doesn't make any sense if, as her opponents say, all life begins at conception.
"Backpedaling to try to capture that segment of the population who disagrees with them is, frankly, a bald-faced lie," Bell said of those pushing the provision.
Anti-abortion lawmakers fought a measure in the 2006 Legislature that would have required hospitals to make women aware that emergency contraception is available. The bill died in committee.
The ban, as passed by the Legislature, makes it a felony punishable by up to five years in prison and a $10,000 fine for anyone to knowingly perform or try to perform an abortion except to save a pregnant woman's life. It's now known as Referred Law 6 on the ballot.
The lack of exceptions for rape and incest victims was a problem for many people who responded to a statewide poll last month. The poll indicates the ban would have more support if the exceptions were included.
Section 3 of Referred Law 6 says that nothing in the ban "may be construed to prohibit the sale, use, prescription or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions."
Ban supporters say rape and incest survivors could use emergency contraception to try to avoid becoming pregnant from the assault -- as long as it's done before a test is able to prove the woman is pregnant.
Vote Yes for Life on Six, a political group formed to encourage voters to uphold the ban, says Section 3 is a rape and incest exception.
A broader exception could allow inaccurate rape accusations so women could get abortions, said ban supporter Dr. Glenn Ridder of Sioux Falls.
Bell said exceptions are necessary. "It's just unconscionable not to allow a rape and incest victim to have access to a safe and legal abortion," she said.
The emergency contraception provision is a "practical necessity" in the ban that doesn't meet the common definition of a rape and incest exception, said Robert Burns, South Dakota State University political science professor. "There would be no way of imposing the regulations of the bill before you could tell there was a pregnancy," he said.
Ban opponents say emergency contraception is not readily available in South Dakota.
By law, pharmacists in the state can refuse to dispense any medications to which they morally object. State Rep. Casey Murschel, R-Sioux Falls, executive director of NARAL Pro-Choice South Dakota, said emergency contraception falls into that category for some pharmacists.
South Dakota hospitals are not required to dispense emergency contraception or give information about it to patients.
The legislation allows for emergency contraception to help prevent pregnancy from occurring, said Dr. Stephen Billion of Sioux Falls, who supports the ban.
The provision allows a woman to take emergency birth control before she tests positive for pregnancy.
But the ban's critics say such emergency contraception isn't widely available in South Dakota. They also say many rape and incest survivors don't report the crime at all -- let alone within the short time during which the drugs are effective.
The U.S. Justice Department estimates less than 40 percent of rapes and sexual assaults are actually reported.
An abortion-rights supporter, Dr. Maria Bell of Sioux Falls, said the provision doesn't make any sense if, as her opponents say, all life begins at conception.
"Backpedaling to try to capture that segment of the population who disagrees with them is, frankly, a bald-faced lie," Bell said of those pushing the provision.
Anti-abortion lawmakers fought a measure in the 2006 Legislature that would have required hospitals to make women aware that emergency contraception is available. The bill died in committee.
The ban, as passed by the Legislature, makes it a felony punishable by up to five years in prison and a $10,000 fine for anyone to knowingly perform or try to perform an abortion except to save a pregnant woman's life. It's now known as Referred Law 6 on the ballot.
The lack of exceptions for rape and incest victims was a problem for many people who responded to a statewide poll last month. The poll indicates the ban would have more support if the exceptions were included.
Section 3 of Referred Law 6 says that nothing in the ban "may be construed to prohibit the sale, use, prescription or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions."
Ban supporters say rape and incest survivors could use emergency contraception to try to avoid becoming pregnant from the assault -- as long as it's done before a test is able to prove the woman is pregnant.
Vote Yes for Life on Six, a political group formed to encourage voters to uphold the ban, says Section 3 is a rape and incest exception.
A broader exception could allow inaccurate rape accusations so women could get abortions, said ban supporter Dr. Glenn Ridder of Sioux Falls.
Bell said exceptions are necessary. "It's just unconscionable not to allow a rape and incest victim to have access to a safe and legal abortion," she said.
The emergency contraception provision is a "practical necessity" in the ban that doesn't meet the common definition of a rape and incest exception, said Robert Burns, South Dakota State University political science professor. "There would be no way of imposing the regulations of the bill before you could tell there was a pregnancy," he said.
Ban opponents say emergency contraception is not readily available in South Dakota.
By law, pharmacists in the state can refuse to dispense any medications to which they morally object. State Rep. Casey Murschel, R-Sioux Falls, executive director of NARAL Pro-Choice South Dakota, said emergency contraception falls into that category for some pharmacists.
South Dakota hospitals are not required to dispense emergency contraception or give information about it to patients.
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Steven wrote on Aug 21, 2006 11:21 AM: