Women's Health and Human Life Protection Act
Encyclopedia
The Women's Health and Human Life Protection Act was a state law
passed by the South Dakota State Legislature in early 2006. It emerged as an effort to overturn Roe v. Wade
via enacting a ban on abortion
in the state of South Dakota
. The law was repeal
ed by voter referendum
on November 7th, 2006.
due to a technicality. The state's legislature subsequently passed five laws curtailing the legality of abortion in 2005. The majority of a legislative "task force" then issued a report recommending that the Legislature illegalize all abortions, which would lead to a challenge of the constitutionality of Roe v. Wade
in the United States Supreme Court
. A separate minority report criticizing the process and reaching different conclusions was also released.
In February 2006, the Legislature passed the Women's Health and Human Life Protection Act, which was signed into law by Governor Mike Rounds
on March 6, 2006. This law would have forbidden pregnancy termination under virtually every circumstance, including for victims of rape and incest, with the exception of "a medical procedure designed or intended to prevent the death of a pregnant mother." Physicians performing such procedures would have been required to "...make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child."
The act had specifically defined pregnancy as beginning at the point of conception rather than at implantation into the uterine wall (see beginning of pregnancy controversy
), which might have meant that WHHLPA applied to emergency contraception
and possibly all forms of hormonal contraception
.
Several members of the South Dakota legislative majority, as well as Governor Rounds, acknowledged that the overt goal of WHHLPA was to get the Supreme Court to overturn Roe per the recommendation of the task force (the Supreme Court at that time was shifting in a conservative
direction, one that might have been more amenable to overturning Roe: See also Supreme Court of the United States Political Leanings).
to repeal
the Women's Health and Human Life Protection Act was placed on ballot for the November 2006 statewide election due to a successful petition drive by the organization South Dakota Healthy Families. On May 30, over 38,000 petition signatures were filed, more than twice the 17,000 required to place a measure on the ballot. On November 7, WHHLPA was repealed by the South Dakota electorate; the vote was 56%-44% favoring repeal.
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
passed by the South Dakota State Legislature in early 2006. It emerged as an effort to overturn Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
via enacting a ban on abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
in the state of South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
. The law was repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed by voter referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on November 7th, 2006.
Legislative history and legal ramifications
In 2004, both houses of the South Dakota legislature passed House Bill 1119, outlawing abortions, but it was vetoed by governor Mike RoundsMike Rounds
Marion Michael "Mike" Rounds is an American politician. Rounds served as the 31st Governor of South Dakota. Rounds was first inaugurated on January 7, 2003, having been elected on November 5, 2002, and was re-elected on November 7, 2006...
due to a technicality. The state's legislature subsequently passed five laws curtailing the legality of abortion in 2005. The majority of a legislative "task force" then issued a report recommending that the Legislature illegalize all abortions, which would lead to a challenge of the constitutionality of Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
in the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. A separate minority report criticizing the process and reaching different conclusions was also released.
In February 2006, the Legislature passed the Women's Health and Human Life Protection Act, which was signed into law by Governor Mike Rounds
Mike Rounds
Marion Michael "Mike" Rounds is an American politician. Rounds served as the 31st Governor of South Dakota. Rounds was first inaugurated on January 7, 2003, having been elected on November 5, 2002, and was re-elected on November 7, 2006...
on March 6, 2006. This law would have forbidden pregnancy termination under virtually every circumstance, including for victims of rape and incest, with the exception of "a medical procedure designed or intended to prevent the death of a pregnant mother." Physicians performing such procedures would have been required to "...make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child."
The act had specifically defined pregnancy as beginning at the point of conception rather than at implantation into the uterine wall (see beginning of pregnancy controversy
Beginning of pregnancy controversy
Controversy over the beginning of pregnancy usually occurs in the context of the abortion debate. Depending on where pregnancy is considered to begin, some methods of birth control or infertility treatment might be considered abortifacient...
), which might have meant that WHHLPA applied to emergency contraception
Emergency contraception
Emergency contraception , or emergency postcoital contraception, refers to birth control measures that, if taken after sexual intercourse, may prevent pregnancy.Forms of EC include:...
and possibly all forms of hormonal contraception
Hormonal contraception
Hormonal contraception refers to birth control methods that act on the endocrine system. Almost all methods are composed of steroid hormones, although in India one selective estrogen receptor modulator is marketed as a contraceptive. The original hormonal method—the combined oral contraceptive...
.
Several members of the South Dakota legislative majority, as well as Governor Rounds, acknowledged that the overt goal of WHHLPA was to get the Supreme Court to overturn Roe per the recommendation of the task force (the Supreme Court at that time was shifting in a conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
direction, one that might have been more amenable to overturning Roe: See also Supreme Court of the United States Political Leanings).
Repeal
A referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
to repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
the Women's Health and Human Life Protection Act was placed on ballot for the November 2006 statewide election due to a successful petition drive by the organization South Dakota Healthy Families. On May 30, over 38,000 petition signatures were filed, more than twice the 17,000 required to place a measure on the ballot. On November 7, WHHLPA was repealed by the South Dakota electorate; the vote was 56%-44% favoring repeal.
Reaction to WHHLPA
- Cecilia Fire ThunderCecilia Fire ThunderCecilia Fire Thunder is a nurse, community health planner and tribal leader of the Oglala Sioux. On November 2, 2004, she was the first woman elected as president of the Tribe. She served until being impeached on June 29, 2006, several months short of the two-year term...
, President of the Oglala Sioux tribe in South Dakota, long-time abortion advocate and former California abortion clinic employee, had discussed establishing a Planned ParenthoodPlanned ParenthoodPlanned Parenthood Federation of America , commonly shortened to Planned Parenthood, is the U.S. affiliate of the International Planned Parenthood Federation and one of its larger members. PPFA is a non-profit organization providing reproductive health and maternal and child health services. The...
clinic on Sioux land, which might not have been subject to the state's jurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. Following her comments, the Tribal Council suspended Fire Thunder and voted against allowing abortions on the reservation.
- Among those who drew national attention as a result of WHHLPA was State Senator Bill Napoli, whose comments about a hypothetical case wherein abortion could be acceptable were widely reprinted (see his article for more).
See also
- AbortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
- Abortion debateAbortion debateThe abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
- Bill Napoli
- PregnancyPregnancyPregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
- ReferendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
- Reproductive rightsReproductive rightsReproductive rights are legal rights and freedoms relating to reproduction and reproductive health. The World Health Organization defines reproductive rights as follows:...
- Roe v. WadeRoe v. WadeRoe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
- Mike RoundsMike RoundsMarion Michael "Mike" Rounds is an American politician. Rounds served as the 31st Governor of South Dakota. Rounds was first inaugurated on January 7, 2003, having been elected on November 5, 2002, and was re-elected on November 7, 2006...
- South DakotaSouth DakotaSouth Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
- South Dakota State Legislature
- Supreme Court of the United StatesSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...