South Carolina Supreme Court decides heartbeat definition allows six-week abortion ban
COLUMBIA, S.C. (AP) — The South Carolina Supreme Court ruled Wednesday the state can keep banning abortions around six weeks after conception by agreeing with the earliest interpretation offered of when a heartbeat starts.
The justices unanimously ruled that while the medical language in the 2023 law was vague, supporters and opponents of the law all seemed to think it banned abortions after six weeks until Planned Parenthood lost its challenge to the entire law two years ago.
The law says abortions cannot be performed after an ultrasound can detect 'cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.'
The state argued that is the moment when an ultrasound detects cardiac activity. Planned Parenthood said the words after the 'or' mean the ban should only start after the major parts of the heart come together and 'repetitive rhythmic contraction' begins, which is often around nine weeks.
The justices acknowledged the medical imprecision of South Carolina's heartbeat provision, which is similar to language in the laws in several other states. But they said that drove them to study the intent of the General Assembly which left no doubt lawmakers on both sides of the issue saw it as a six-week ban.
'We could find not one instance during the entire 2023 legislative session in which anyone connected in any way to the General Assembly framed the Act as banning abortion after approximately nine weeks,' Associate Justice John Few wrote in the court's opinion.
The justices said opponents of the law used six weeks when proposing amendments that were voted down on when child support payments should start.
And the Supreme Court pointed out Planned Parenthood used the phrase 'six-week ban' more than 300 times in previous filings as South Carolina's 2021 ban at cardiac activity was overturned in a 3-2 decision in 2023 and then reinstated months later after the General Assembly tweaked the law and the court's only woman who overturned the ban had to retire because of her age.
The ruling upholding the six-week ban mentioned the imprecision which led Planned Parenthood to sue again over the definitions.
Since the U.S. Supreme Court overturned Roe v. Wade in 2022 and ended a nationwide right to abortion, most Republican-controlled states have started enforcing new bans or restrictions and most Democrat-dominated ones have sought to protect abortion access.
Currently, 12 states are enforcing bans on abortion at all stages of pregnancy, with limited exceptions, and South Carolina and three others have bans that kick in at or about six weeks into pregnancy — often before women realize they're pregnant.
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The fight over South Carolina's abortion law is not over. Earlier this month, a federal judge allowed to continue a lawsuit by five OB-GYN doctors who said the vague definitions of heartbeat and the exceptions allowing abortions when a fatal fetal anomaly exists or a woman's life is at risk prevents them from being able to properly treat patients because they fear they could be charged with crimes.
South Carolina's law also allows abortions for up to 12 weeks after conception if the pregnancy was caused by rape or incest.
But in a change from previous years, there was little debate in the General Assembly on tightening the law to ban nearly all abortions.
Republican South Carolina Gov. Henry McMaster said the state will continue to fight as long as the law is challenged.
'Today's ruling is another clear and decisive victory that will ensure the lives of countless unborn children remain protected and that South Carolina continues to lead the charge in defending the sanctity of life,' he said in a statement.
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Rayceen Pendarvis, a D.C. queer icon, performer and presenter, says older community members who enter retirement homes or assisted-living centers can face social isolation or hostility from judgmental residents. 'As we age, we lose our peers. We lose our loved ones and some of us no longer have the ability to maintain our homes,' says Pendarvis, who identifies as 'two-spirit' and eschews all pronouns. 'Sometimes they go in, and they go back into the closet. It's very painful for some.' A generation gap Perry and others see a clear divide between their generation and the younger LGBTQ+ crowd. Younger people, Perry says, drink and smoke a lot less and do much less bar-hopping in the dating-app age. Others can't help but gripe a bit about how these youngsters don't know how good they have it. 'They take all these protections for granted,' Smith says. The younger generation 'got comfortable,' Pendarvis says, and sometimes doesn't fully understand the multigenerational fight that came before. 'We had to fight to get the rights that we have today,' Pendarvis said. 'We fought for a place at the table. We CREATED the table!' Now that fight is on again as President Donald Trump's administration sets the community on edge with an open culture war targeting trans protections and drag shows, and enforcing a binary view of gender identity. The struggle against that campaign may be complicated by a quiet reality inside the LGBTQ+ community: These issues remain a topic of controversy among some LGBTQ+ seniors. Perry said he has observed that some older lesbians remain leery of trans women; likewise, he said, some older gay men are leery of the drag-queen phenomenon. 'There is a good deal of generational sensitivity that needs to be practiced by our older gay brethren,' he says. 'The gender fluidity that has come about in the last 15 years, I would be lying if I said I didn't have to adjust my understanding of it sometimes.' Despite the internal complexities, many are hoping to see a renewed sense of militancy and street politics in the younger LGBTQ+ generation. Sunday's rally and March for Freedom, starting at the Lincoln Memorial, is expected to be particularly defiant given the 2025 context. 'I think we're going to see a whole new era of activism,' Perry says. 'I think we will find our spine and our walking shoes – maybe orthopedic – and protest again. But I really hope that the younger generation helps us pick up this torch.'
