By Holly Gatling, Executive Director

COLUMBIA, S.C. (Friday, March 19, 2021) – U.S. District Judge Mary Geiger Lewis issued a preliminary injunction against the South Carolina fetal heartbeat law that would prohibit most abortions once the unborn child’s heartbeat is detected. She further refused to uphold the informed consent portion of the law that requires an abortionist to inform a pregnant woman that her baby has a heartbeat and offer to let her hear the heartbeat if she chooses.

In 2019, the U.S. Sixth Circuit Court of Appeals upheld a Kentucky law requiring an abortionist to perform an ultrasound and to provide the pregnant woman with a description of the unborn child and allow her to hear the baby’s heartbeat. Lewis dismissed the argument that the informed consent portion of the SC law can be severed from the rest of law. She sided with the abortion industry’s argument that the informed consent language is “so intertwined” with the language
protecting the unborn child from abortion that the entire law must be enjoined.

The South Carolina case is now likely headed to the U.S. Fourth Circuit Court of Appeals. Pro-Life State Attorney General Alan Wilson issued a statement after Friday’s ruling saying. “It is the constitutional duty of this office to defend in court any law enacted by our General
Assembly.”

Last week, over the objection of Planned Parenthood’s attorneys, Judge Lewis allowed pro-life Governor Henry McMaster and pro-life Speaker of the S.C. House Jay Lucas to join the lawsuit on behalf of protecting unborn children. At the bill signing, McMaster said the lawsuit “is a fight worth having.” He said the State “will do whatever it takes, however long it takes to see that the right to life is protected in South Carolina.”

Lisa Van Riper, President of South Carolina Citizens for Life stated, "South Carolina Citizens for Life appreciates the speaker of the House, Jay Lucus, and Governor Henry McMaster joining this suit and Attorney General Wilson defending the Heartbeat bill.  They recognize that science leaves no doubt that the unborn has a heartbeat that deserves legal protection.  Humane societies do not stop the heartbeats of its most innocent human beings." 

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