A little grey for the black and white.
Published on March 7, 2006 By InfoGeek In Current Events
So, South Dakota has a law outlawing abortions. Good. But did they think it through?

My question is did they think about the details? I mean the main issue is nice and all, certain to appeal to the Republican Base, but did they consider that technology has changed since 1973?

The law says that life begins at conception and that the termination of the life of an unborn human being." Section 5 defines "unborn human being" as "the unborn child from fertilization to full gestation." Is prohibited.

Good.

But what about in vitro? There are several embryos created by the procedure that are not used, would that still be allowed?

Rape or incest - If you forbid the termination even in those circumstances, will the rapist still have the rights of a father? Will we need a federal statute on that?

Medical need? That would need to be defined. In many multiple pregnancies the option is there to remove one of the fetuses, not due to medical emergency or the mother’s life is in danger, but to make the probability of a more healthy life for those remaining to be that much greater. How far into the medical arena are we prepared to go?

The Dakota law is nice, but leaves a lot to be desired.

I hope this won’t become a constitutional issue, or a federal one. It’s been over 200 years and we are still trying to figure out the First Amendment.

IG
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Comments
on Mar 07, 2006

Good questions, altho I think the parental rights one is already answered with existing case law (Sex Crimes and Perps).

on Mar 07, 2006
Is that federal or state?

Federal is great, but wit State could get "complicated".

IG
on Mar 07, 2006

Federal is great, but wit State could get "complicated".

Most Sex predator laws are state, so I would assume it is state.  I would have to research it, but based upon that Coed that got killed a few years back, their's is pretty strict.

on Mar 08, 2006
on Mar 08, 2006
Strange, when the Supreme Court stood in judgement of what is human life and what isn't, they didn't seem to care about anything other than "choice".

Maybe now, with the passing of this law, we can really get down to the discussion as a real issue, with true bioligical definitions of "human" and "life" instead of just a political football.
on Mar 08, 2006
I think they were rushing to be the first, frankly. The law itself was just intended to get the fighting started and get the Supreme Court to turn the clock back so states could make their own laws. I doubt any final law would be this basic.

Then again, it is election year. Maybe they just wanted to get something on the books before they printed their campaign material. Now in every debate the opposing candidates will have to answer whether they agree with it or not and not waffle on abortion like they always do.
on Mar 08, 2006
true bioligical definitions of "human" and "life" instead of just a political football


Definitions? The SC can't come up with an adequate definition of "obscene". A definition of the origin of life might be asking a bit much.

get the Supreme Court to turn the clock back so states could make their own laws


While I generally agree with states making thier own laws (as long as the Constitution is followed), I think in this case it may be problematic, without some sort of Federal guideline.

Could a state prohibit a person from crossing the state line for the procedue?

IG
on Mar 08, 2006

Could a state prohibit a person from crossing the state line for the procedue?

No, for that is solely in the federal jurisdiction.