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SDPB Radio Coverage of the South Dakota Legislature. See all coverage and find links to audio and video streams live from the Capitol at www.sdpb.org/statehouse

House Passes Ban on Sex Selective Abortions

The House of Representatives passed a measure that makes it illegal to have an abortion based solely on the sex of the baby. House Bill 1162 is compliant with current South Dakota abortion laws, including the 72-hour waiting period and informed consent. But it emphasizes physicians performing abortions to question whether the mother is doing so based on sex.

Supporters say the state should protect all unborn children. They say just because sex selective abortions aren't documented doesn't mean they're not happening in South Dakota. Representative Don Haggar is in favor of the bill.

“Our population in South Dakota is a lot more diverse than it ever was. There are cultures that look at a sex selection abortion as being culturally okay. I will suggest to you that we are embracing individuals from some of those cultures in this country, or in this state,” Haggar says.

Haggar says by passing House Bill 1162, the state is showing that it values life, regardless of sex. Opponents argue there isn't any evidence that sex selective abortions are currently happening in South Dakota. The measure makes it a Class 6 felony for a doctor to perform an abortion based on sex selection. Representative Peggy Gibson says she opposes the bill because it’s unnecessary, and because of the criminality involved.

“This bill is very unenforceable as it is written and cannot be prosecuted successfully. House Bill 1162 places and undue burden on physicians as the bill allows civil lawsuits against physicians. It actually criminalizes physicians’ decisions. The bill makes physicians into investigators as opposed to clinicians,” Gibson says.

A majority of Representatives disagree with Gibson. The House passed House Bill 1162 60-10. The measure now heads to the Senate.