COLUMBIA, S.C. (Wednesday, May 14, 2025) – The South Carolina Supreme Court today unanimously upheld the Fetal Heartbeat and Protection Act that protects the lives of unborn children when a heartbeat is detected, usually by six weeks gestational age.
The 27-page opinion upheld that of 5th Circuit Court Judge Daniel Coble who ruled in May of 2024 in favor of the Heartbeat Act noting that it was the will of the General Assembly to establish the fetal heartbeat at six weeks of gestation. With limited exceptions,
including protections for the mother’s life and health, the Fetal Heartbeat Act protects unborn children when the fetal heartbeat can be detected.
“This is a win, not only for the heartbeats of the unborn, but for all the members of our human family who may become or who are vulnerable in our society,” said Lisa Van Riper, President of South Carolina Citizens for Life
(SCCL).
“It is also a win for Constitutional law in South Carolina because the Court has rightly given deference to the General Assembly’s desire to protect human life,” she said.
Mrs. Van Riper pointed out that the human heartbeat “is an objective place to save human life.
It is objective and discernible. You cannot argue with it. If we cannot recognize and protect the life of a human being with a beating heart, we are all in trouble. If the General Assembly cannot protect the heartbeat at its earlier stage, there is no guarantee that anyone who may become vulnerable will be protected.”
The decision garnered national attention. Carol Tobias, President of
the National Right to Life Committee of which SCCL is that state affiliate said, “This ruling is a victory for Life. Thank you, South Carolina, for protecting these vulnerable little ones.”
In the Court’s third defeat for Planned Parenthood, the nations largest killer of unborn children, Justice John Few, rejected the abortion business’s argument that a fetal heartbeat is not present
until the ninth week of gestation. “This case is the first time Planned Parenthood has argued that [the legislation] bans abortion later than six weeks of pregnancy....Planned Parenthood used the phrase ‘Six Week Ban’ more than 300 times in its various filings prior to this case.”
Dr. Steve Pettit, President of Palmetto Family Council, stated, “Palmetto Family Council is pleased with
today’s South Carolina Supreme Court decision for its steadfast commitment to upholding the Fetal Heartbeat and Protection from Abortion Act, affirming the six-week protection for the unborn. The decision marks a victory for life in South Carolina, ensuring that the sanctity of life is recognized and protected from the earliest moments a heartbeat can be detected. Our mission remains resolute: to recognize life beginning at conception and to advocate for the unborn. We celebrate this ruling as a
significant step toward a culture that honors the inherent dignity of every human life, and we continue our work to see life fully protected from conception to natural death across the Palmetto State.”
Governor Henry McMaster who signed the law in May of 2023 lauded the 5-0 decision. "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.”
State Attorney General Alan Wilson, whose office defended the law against the Planned Parenthood attacks, called the Court’s decision a “resounding win for the rule of law and protecting the unborn in South Carolina.”
General Wilson said, “We will continue to stand for life, defend the law, and fight for the will of South Carolinians in every courtroom.”
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