What does it mean to make something illegal? It means, that if someone does the thing that is illegal, there is a consequence. Supposedly, abortion is illegal in South Dakota. However, there is no consequence for abortion for the mother, so is it really illegal? I would argue, no.
We have to remember where we are as a state, and as a state right now, we know that the pro-life movement is seen with positive regard and that people want to support the lives of babies. If we bring punishment at the forefront of our conversations versus compassion, how does that change? Do we open the door then for another amendment to our Constitution that would allow abortion? I personally, and from a politically strategic standpoint, believe that that is an absolute yes, it will. It will open the door for more abortions because people will not understand punishment versus compassion. We can’t be resoundingly pro-life in this state without making punishment our first messaging. — Representative Taylor Rehfelt
How did our fight come to this? Here is the history:
After the overturn by the Supreme Court of Roe v. Wade, our state already had an excellent trigger law that outlawed abortion. However, our SD Right to Life Groups were unhappy that a mom could get in trouble for aborting her baby (though not a single mom was prosecuted or tried in the years 2022-23 while the law was in effect.) They then introduced a bill in 2023, HB1220, which exempted the mom from any consequence if she had an abortion. The “pro-life” groups did this — not the ACLU, or the democrat party, but our “pro-life” groups. Their arguments:
- Compassion for the mother: no one wants to put moms in jail, or to death.
- It will make our fight harder: the ones who want to put abortion into our Constitution would have an easier time of it.
What is the status quo? And why do the “pro-life” groups want it to stay this way?
Links to original testimony:
(Click the triangle to expand the post to see the links)
Original 2023 bill HB1220 introduced and sponsored by “pro-life” groups who sought to exempt mothers from any kind of consequence of their abortions.
- Sponsors: Representatives Reimer (prime), Bartels, Chaffee, Deutsch, Gross, Hansen, Kull, May, Olson, Perry, and Stevens and Senators Castleberry (prime), Crabtree, Novstrup, and Tobin
- Presented by: Representative Rebecca Reimer
- Proponents: Senator Jessica Castleberry
Rachel Oglesby, Governor’s Office
Dale Allen Bartscher, South Dakota Right to Life, Rapid City (Handout(s) 1)
Charles McGuigan, Attorney General
Lisa Gennaro, Concerned Women For America, Alexandria, VA
Michael G. Pauley, South Dakota Catholic Conference, Rapid City
Original 2025 testimony on HB1212 to reverse the nonsense put in by the “pro-life” groups.
- Sponsors: Representatives Randolph (prime), Aylward, Garcia, Ismay, Jensen (Phil), Jordan, Rice, and Schaefbauer and Senator Carley (prime)
- Presented by: Representative Tony Randolph (Handout(s) #3,4,5)
- Proponents: Abby Johnson, Self
Bradley Pierce, Self
Ginna Cross, Self
Gretchen Weible, Self
AJ Hurley, White Rose Action
John Rice-Cameron, Self - Opponents: Dale Allen Bartscher, South Dakota Right to Life
Jenna Spellerberg, Self
Leah Anderson, Self
Michael G. Pauley, South Dakota Catholic Conference (Handout(s) #2)
Representative Al Novstrup
Ian Fury, Governor’s Office
Justin Bell, South Dakota State Medical Association
Ellie J. Bailey, South Dakota Advocacy Network for Women
Samantha Chapman, American Civil Liberties Union Foundation Inc
Norman Woods, South Dakota Family Voice Acttion
Linda Schauer, Concerned Women for America - House Health and Human Service Committee Hearing 2/5/26
Testimony at the GOP convention committee for an amendment to the abortion plank to call for equal protection of preborn children
- Current platform
- Platform change submission – of section 8.5
Testimony on the GOP convention floor that killed the plank amendment for equal protection. (Some were not recorded, as volunteers missed the first part.)
- Bolded parts would be platform change/add:
We believe that life begins at fertilization. We affirm the sanctity of all human life, including the preborn, those with congenital abnormalities, the elderly, the chronically ill, the terminally ill, and differently abled. We oppose abortion, euthanasia, and assisted suicide. We believe that every preborn child is entitled to equal protection under the law. - Opposition:
Dale Bartscher’s opposition testimony
Representative John Hughes, likening God’s word to Shariah Law
Jim Eschenbaum, Chair of SD GOP, opposition
Teresa Thompson, Meade co GOP Vice Chair and Constituent Services Representative for Senate Leader John Thune
Representative Taylor Rehfelt, opposition
Lincoln county delegate, opponent
Jeffrey Church, opponent
Ben Kroemer, shutting down testimony - Proponents:
(some not recorded)
Meade co delegate
Amy Wagner, Pennington co GOP Chair
Heather DeVries, proponent
(some lining up but not getting a chance to testify because Ben Kroemer shut it down:
Representative Tony Randolph
Representative Dylan Jordan
others — there was a line at three separate microphones) - Others:
Yankton county delegate, asking for clarification on fertilization language
Merrick Conan (?) discussing assisted suicide, not changed in the plank, though euthanasia would have been added, as well.
Floor motion fails, and (not recorded,) the floor applauds
Tom Brunner, commissioner and committee chair, closing remarks. (Opening remarks where he opposed the change not recorded)
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