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February 08, 2019

Complete abortion ban: due to SC lawmakers' new bill fetus can't be 'deprived of life'

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Lawmakers of South Carolina are moving closer to totally banning abortion. New legislation may deem fetuses as possessing "personhood," making it an offense to commit the act. 

State Senator Richard Cash and state Representative Josiah Magnuson introduced two similar House bills. The legislation would "establish that the right to life for each born and preborn human being vests at fertilization."

With the exception of risk to a mother's life, abortion would then constitute a felony in Cash's legislation. Magnuson's did not go that far but detailed that birth control methods would not be restricted in any way.

President Trump delivers State Of The Union address | Photo: Getty Images

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Granted that the definition of life would start at fertilization, an unborn can't be "deprived of life without due process of law nor denied the equal protection of the laws." 

If either bill passes through, the 1973 Roe v Wade decision would still have to be overturned for it to be applicable. Roe v Wade explicitly prohibits any ban on abortion ahead of fetus viability. 

Considering the limited win, Cash explained via telephone that the bill's aim is to: one, break ground on the high court ruling and two, have an already-established anti-abortion law set up to take effect right after.

President Trump delivers State Of The Union address | Photo: Getty Images

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Cash said: 

"We're always hopeful in moving the needle and challenging the way people think about the killing of unborn children."

While Cash introduced his bill on Wednesday, Magnuson did so in January. Previous attempts to introduce "personhood" by South Carolina lawmakers were all rejected.

Earlier this week, the President addressed the issue during his State of the Union speech. Using strong imagery, he claimed that "lawmakers in New York cheered with delight upon the passage of legislation that would allow a baby to be ripped from the mother’s womb moments from birth."

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He continued: 

"These are living, feeling, beautiful babies who will never get the chance to share their love and their dreams with the world. And then, we had the case of the governor of Virginia, where he stated he would execute a baby after birth."

Trump was referring to words from Democratic Governor Ralph Northam from Virginia. Last week, he showed support for a state bill that would increase abortions to the third trimester if the mother is at risk.

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Northam also strongly hinted at post-birth "abortion" by saying: 

"If the mother is in labor, I can tell you exactly what would happen. The infant would be delivered, the infant would be kept comfortable, the infant would be resuscitated if this is what the mother and the family desired, and then a discussion would ensue between the physician and the mother.”

Looking over at the president, Democratic guests at the SOTU appeared stone-faced. Later on, opposers of his stance criticized Trump for using such graphic imagery in his speech. One organization described Trump's opinion as "fear-mongering lies" that are "beyond absurd."  

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