Respect Life

Amendment G (the “abortion amendment”) is a measure on the ballot in the November
5, 2024 election that would place in the South Dakota Constitution a right to have an
abortion at any point during pregnancy, even late in pregnancy when a preborn child is
capable of living outside the womb.

The South Dakota Attorney General has stated that Amendment G “would override
existing laws and regulations concerning abortion.” Most state laws on abortion enacted
over the last several decades would be thrown out or severely weakened, including
laws that are designed to protect the health and safety of girls and women, and prevent
coerced abortions.

During the first trimester of pregnancy, when most abortions occur, Amendment G says,
“…the State may not regulate a pregnant woman’s abortion decision and its
effectuation, which must be left to the judgment of the pregnant woman” (emphasis
added). The word “effectuation” means “carrying out” or “bringing about.” This means
there can be no state regulation whatsoever on how an abortion is carried out. For
example, laws requiring that abortions be performed by a licensed physician and in a
clinic that meets certain health and safety standards would be prohibited by Amendment
G, because such requirements are regulating the “effectuation” of an abortion.
Amendment G endangers women’s lives by subjecting them to completely unregulated
abortions.

Current South Dakota law requires that, before an abortion can be performed, the
pregnant woman must be screened to determine if she is being coerced or pressured to
have an abortion. However, since this requirement regulates the “effectuation” of an
abortion, it would be prohibited under Amendment G.

Yes. It permits abortions in the second trimester of pregnancy for any reason. The
second trimester ends at 27-28 weeks. By this point a large majority of babies are
capable of surviving outside the womb. Amendment G thus allows painful, late-term
abortions of perfectly healthy, viable babies who could be delivered and allowed to live.
Even in the third trimester of pregnancy, which extends from 28 weeks until birth,

Amendment G requires that abortions be allowed to “preserve the… health of the
pregnant woman.” But it does not define what “health” means. Previous court rulings
have defined “health” as any factor that relates to a person’s “well-being,” such as
emotional, psychological, and family issues.

No. Any factor that can be reasonably related to a person’s “well-being” would be
sufficient grounds to justify an abortion in the third trimester. Under Amendment G, only
the abortionist who is being paid to do the abortion has authority to decide if it’s
necessary. The plain text of Amendment G does not allow any other authority (such as
the legislature or a medical licensing board) to set parameters on when an abortion
would be considered necessary for “health” reasons.

Yes, in states with laws similar to Amendment G, such as New York and California.
According to data from the U.S. Centers for Disease Control, approximately 10,000 late-
term abortions occur every year in these states. Passage of Amendment G would allow
such late-term abortions to take place in South Dakota.

No. Although Amendment G mimics the U.S. Supreme Court’s Roe v. Wade decision
with its division of pregnancy into trimesters, its language differs from Roe in significant
and far-reaching ways. During the nearly 50 years that Roe was in effect, many
common-sense regulations of abortion were permitted, such as a requirement that
women receive counseling about the health risks of abortion and receive information
about alternatives to abortion. Roe also allowed laws requiring that a parent be notified
before an abortion is performed on a minor. Unlike Roe, however, Amendment G
prohibits any state regulation during the period when most abortions occur (the first
trimester). The language in Amendment G is clear and unambiguous: “…the State may
not regulate a pregnant woman’s abortion decision and its effectuation…” This “may
not regulate” language contains no exceptions. It requires the complete deregulation of
abortion—something that did not occur under Roe v. Wade.

No. Amendment G would become part of the state constitution. The legislature has no
unilateral authority to change the language of the constitution.

No. South Dakota’s current laws clearly allow women to receive whatever care they
require for these conditions. In the case of miscarriage, the preborn child has already

passed away, and thus miscarriage treatment is not considered an abortion. South
Dakota law defines abortion as “the intentional termination of the life of a human being
in the uterus” (SDCL 34-23A-1), whereas a miscarriage refers to the unintentional death
by natural causes of the preborn child. In the case of ectopic pregnancy, this is a life-
threatening condition. South Dakota law already permits abortions whenever there is
“appropriate and reasonable medical judgment that performance of an abortion is
necessary to preserve the life of the pregnant female” (SDCL 22-17-5.1).

The Catechism of the Catholic Church (CCC) states: “Since the first century the Church
has affirmed the moral evil of every procured abortion. This teaching has not changed
and remains unchangeable. Direct abortion, that is to say, abortion willed either as an
end or a means, is gravely contrary to the moral law” (CCC 2271). The Second Vatican
Council declared, “from the moment of its conception life must be guarded with the
greatest care, while abortion and infanticide are unspeakable crimes” (Gaudium et
Spes, 51).

The Catholic Church in South Dakota is committed to meeting the needs of women and
families facing challenging pregnancies and does so through a variety of agencies and
programs. Catholic programs at the diocesan and parish level help with adoption,
parenting education, housing, counseling and meeting material needs (e.g., food,
diapers, clothing). Parishes and Catholic lay organizations such as the Knights of
Columbus provide funding and volunteers for the network of non-profit pregnancy
resource centers that are found in every major community in South Dakota.

First, pray and fast. Second, visit your polling place on November 5, 2024 and vote NO
on Amendment G. Encourage your friends, family members, co-workers, etc., to do the
same. Third, give practical assistance to the campaign to defeat Amendment G by
donating or volunteering your time. Learn how by visiting www.NoOnGsd.com