The “Unborn Child Protection Act” is a dangerous bill that threatens South Carolina’s women and families
With its sweeping changes to existing law, Senate bill S323 represents a profound and dangerous step backward for the state. Rather than protecting life, this legislation threatens the health, safety, and fundamental rights of women, girls, and families. It is a bill built on punitive measures, not compassion, and its provisions promise to unleash a wave of negative consequences that will ripple through our communities for generations.
The most jarring and cruel aspect of this bill is its complete removal of exceptions for rape and incest. In a state that has been making strides to combat sexual violence and support survivors, this provision is a brutal betrayal. It sends a chilling message to victims that their trauma and bodily autonomy are irrelevant. By forcing a survivor to carry a pregnancy to term resulting from a heinous crime, the state would be inflicting further trauma and stripping them of their most basic right to control their own bodies and futures. It is a provision that stands in stark opposition to the principles of justice and human dignity.
Beyond the cruelty to victims of violence, the bill’s provisions threaten to criminalize healthcare itself. By redefining terms and removing protections, it puts doctors in an impossible position. A physician’s priority is to provide the best possible care for their patient, but this bill forces them to choose between their medical oath and a new slate of criminal penalties, including the potential for license suspension or revocation. It would create a legal minefield for physicians, leading to a chilling effect where doctors may hesitate to provide even standard care out of fear of prosecution for the “accidental or unintentional death of an unborn child.” This will not only drive talented medical professionals away from our state but also endanger the health of pregnant people and their children.
The consequences for our young people are equally severe. The repeal of the “judicial bypass” process is a direct assault on the safety of minors. This vital process currently allows a young person who is a victim of abuse or who cannot safely involve their parents to seek a judge’s permission for an abortion. Removing this option forces a vulnerable minor to either go through with a dangerous back-alley procedure or carry a pregnancy to term against her will, potentially forcing her to remain in a dangerous environment. It is a policy that prioritizes a political agenda over a child’s well-being and safety.
Finally, the bill introduces a level of legal overreach that is both unprecedented and frightening. By redefining a fertilized egg as a “human embryo” and creating a “wrongful death” action for an aborted “unborn child,” the bill opens the door to prosecuting pregnant people themselves. The threat of criminal charges and civil lawsuits for miscarriage or other medical events is a terrifying prospect that undermines a person’s right to privacy and bodily integrity. Furthermore, the use of a RICO (Racketeer Influenced and Corrupt Organizations) statute—typically reserved for organized crime—against those involved in “prohibited abortion activities” is a clear signal that this bill is not about medical care, but about a far-reaching effort to control and punish.
This is not a bill designed to protect life; it is a bill designed to punish. It seeks to control personal decisions, override medical expertise, and strip away fundamental rights. The future this bill outlines for South Carolina is one where women and girls are less safe, where doctors practice in fear, and where families must navigate an increasingly complex and hostile legal landscape. South Carolinians deserve better.
We must reject this dangerous legislation and instead advocate for policies that empower individuals, protect the vulnerable, and support the health and well-being of all our citizens.
WHILE I BREATHE 