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US: Nov 8 defeat leaves South Dakota's pro-lifers down but not out |
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 Thursday November 9 2006
S.D. considers next move on abortionLegislators differ on how to proceedBy MEGAN MYERS
 Nathan Peterson, field director, pulls posters and notes from the hallway walls as he helps clean up the downtown Sioux Falls offices Wednesday afternoon following the successful campaign to defeat the state's abortion ban.
The major battle is over, and the troops are resting. But many wonder what comes next in the fight over abortions in South Dakota.
One day after the state's ban on nearly all abortions was soundly defeated, state legislators are considering the message sent by voters.
"Now we have a broad mandate," said Republican state Sen. Tom Dempster of Sioux Falls, who voted against the ban on the Senate floor. "(Legislators) should listen to that mandate."
Lawmakers could introduce the ban again in the 2007 legislative session. Some think a less restrictive ban with clear exceptions could and should be introduced.
Others think South Dakota - which already has some of the most restrictive abortion laws in the country - could try to impose more restrictions on the procedure.
Or perhaps the Legislature won't touch the issue of abortion at all.
"You just have to think people will say, 'Maybe we ought not be quite so enthusiastic about this,' " said Don Dahlin, professor of political science at the University of South Dakota.
The abortion ban was passed by the Legislature and signed by Gov. Mike Rounds earlier this year in an attempt to challenge the 1973 Roe v. Wade decision by the Supreme Court. The ban, which divided the state in an expensive campaign by supporters and opponents, would have banned all abortions except those done to save a woman's life.
Rounds did not respond to a request for comment Wednesday.
New tactics possible
The author of the failed abortion ban, Republican state Rep. Roger Hunt of Brandon, will return to Pierre in January and said lawmakers probably will discuss abortion again.
While it's too early to lay out plans for specific abortion legislation, Hunt said, lawmakers could introduce bills that continue to chip away at the availability of the procedure.
For example, Hunt said, the Legislature could pass a bill requiring women seeking abortions be made to view a fetal ultrasound before the procedure takes place. Women who undergo abortions at Planned Parenthood - the state's only clinic in Sioux Falls - do receive ultrasounds but are not required to view them.
"There are a number of things that can be done," Hunt said.
Democratic Rep. Kathy Miles of Sioux Falls, who strongly supported the abortion ban, agreed that it was "a little bit premature" to speculate on upcoming legislation.
"I don't think the issue will ever go away," Miles said. "We created an awareness for people that was not there before, and we need that revitalization and that passion to continue."
The message from voters and the changes in the makeup of the Legislature could mean lawmakers introducing abortion-related bills or another ban have a harder time getting those bills passed, Dahlin said.
"I wouldn't at all be surprised to see if it would have a little tougher time because of this experience," he said.
Exceptions are key
Meanwhile, one lawmaker said he hopes to see a less restrictive abortion ban introduced that includes exceptions for rape, incest and the health of a pregnant woman.
Republican Sen. Bill Napoli of Rapid City said recent polls that indicated South Dakotans would have approved a ban with exceptions mean voters want to end "abortion on demand" in the state.
"Last night, we settled the issue that the people of South Dakota want rape, incest and health of the mother exceptions," Napoli said Wednesday. "We should move ahead; that appears that's what the polls say we should do."
Napoli said he wouldn't introduce such a ban, but he would vote for one.
Republican Sen. Ed Olson, who opposed the abortion ban because it was too restrictive, said he wouldn't be surprised to see a ban with exceptions introduced. Olson said he still wrestles with the issue, but he could agree with the right bill.
"I could see rape and incest (exceptions) and then having a huge fight over the word 'health,' " Olson said.
A break from the issue?
Other lawmakers say they think voters wouldn't mind seeing the abortion issue take a backseat for a year or two.
"I don't foresee much of any abortion legislation coming in the 2007 or 2008 session," said Republican Sen. Jason Gant of Sioux Falls. "I think the people of the entire state had the opportunity to voice their opinion on the issue, and we need to just go with that."
Gant, who voted for the ban, said he regretted that voters felt the abortion issue dominated the last session because it was so controversial.
"Now if abortion isn't on the forefront of everything in the state, just think of what we can do," Gant said.
Newly elected Democratic Sen. Tom Katus of Rapid City - who defeated Republican Elli Schwiesow in a heated contest focused largely on abortion - said he looks forward to getting to work on other issues, such as education.
"We just got our priorities out of whack," Katus said. "We've got other things to deal with."
Reach Megan Myers at 331-2257.
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