Abortion Battle Rages On In South Carolina

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by WILL FOLKS

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Several years ago, this media outlet predicted that passage of the “Heartbeat Bill” – legislation which outlawed abortion in South Carolina once a fetal heartbeat had been detected – would not mark the end of debate on this hottest of hot-button issues.

As much as Palmetto politicians wish abortion would go away, pro-life and pro-abortion advocates aren’t about to let that happen – a polarizing pull from opposite ends of the ideological spectrum that continues to contribute to the fundamental reshaping of the so-called “conservative” majority.

On Wednesday morning (October 1, 2025), a nine-member subcommittee of the S.C. Senate Medical Affairs panel heard public testimony on S. 323, the ‘Unborn Child Protection Act.’ Introduced in February of this year, this bill is sponsored by committee member Richard Cash. It is similar – but not identical – to H. 3457, the ‘Human Life Protection Act,’ a total abortion ban which failed to pass the S.C. House of Representatives earlier this year after S.C. House speaker Murrell Smith and S.C. House judiciary chairman Weston Newton refused to advance it.

Smith, ironically, was one of the lead sponsors of the very bill he later shelved – a hypocritical move which drew a sharp rebuke from pro-life activists (prompting a visceral overreaction by the thin-skinned legislative leader).

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Because of his flip-flop, Smith is one of several GOP leaders likely to be targeted in the 2026 election cycle by Students for Life Action (S4LA) – a group which is pushing lawmakers to ban abortion outright.

S4LA leader Kristan Hawkins made it clear this week her group is supporting the House legislation “as a principled alternative that would end all abortions and recognize both victims of the abortion industry, children and mothers.”

In a letter to lawmakers, Hawkins referred to the House bill as “a common-sense way forward in how to abolish abortion for good, without compromising on principles that protect pre-born children from their earliest days as well as mothers who are often the second-victim of the predatory abortion industry.”

“The Human Life Protection Act prohibits nearly all abortions except in cases of medical emergency,” Hawkins wrote in her letter (.pdf). “Strict penalties for violations are applied and are meant to hold the abortionist responsible, as a predator operating an enterprise designed to end an innocent life. Anyone knowingly committing or facilitating an abortion — including prescribing or delivering abortion-inducing drugs or devices, regardless of being a physician or not — is guilty of a felony punishable by up to $10,000 in fines, imprisonment of up to two years, or both. The legislation also makes it a felony to coerce an abortion by force or threats, holding abusers directly accountable.” 

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RELATED | S.C. LEADERSHIP ISN’T PRO-LIFE

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Hawkins’ group has no shortage of credibility when it comes to enforcing accountability – especially accountability of the political variety.

Her group was instrumental in ousting multiple GOP senators during the 2024 primary election cycle – arguing these Republican lawmakers were insufficiently loyal to the pro-life position. GOP primary voters agreed.

One of those ousted Republicans, former state senator Penry Gustafson, was temporarily booted from the committee room for making comments critical of its members. Gustafson was later allowed to return, however.

During her remarks, she lamented the lack of female representation on the panel.

“Where are the women on this committee?” she asked.

Another ousted lawmaker, former state senator Katrina Shealy, was among the first to speak publicly against S. 323 during Wednesday’s hearing. Shealy called the bill a “dangerous piece of legislation” – one which “puts doctors in an impossible position.”

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According to Shealy, the legislation is “built on punitive measures, not compassion.”

“The most jarring and cruel aspect is the complete removal of exceptions for rape and incest,” Shealy said.

Midway through her remarks, Shealy was informed her time at the podium had expired. She attempted to invoke her “senatorial privilege” (something she no longer enjoys) but was told she would not be allowed to continue speaking.

Senate security moved toward Shealy to remove her from the podium, but she eventually stepped aside voluntarily.

Another opponent of the bill praised Shealy and Gustafson, claiming they “may have lost their seats, but they gained a backbone many in this room do not have.”

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(FITSNews/Will Folks)

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As testimonies were offered for and against the legislation inside a packed S.C. Senate committee chamber, hundreds of pro-choice activists led by Planned Parenthood held a rally on the south steps of the S.C. State House in opposition to the legislation.

Speakers – including state representative Heather Bauer – blasted Republicans for their hypocrisy on issues of women’s “freedom,” mocking the S.C. Freedom Caucus in particular for its aggressive pro-life position.

Overflow turnout at the hearing – and at the rally – highlighted the extent to which abortion is continuing to drive political activism in both the progressive and evangelical camps, creating an electoral climate in which partisan primary races will likely continue producing candidates who gravitate to the fringes of each side of the debate.

States were granted the authority to set abortion law following the U.S. supreme court’s landmark decision to overturn Roe v. Wade in 2022. In South Carolina, lawmakers’ first attempt to regulate abortion was narrowly struck down by the state supreme court in early 2023. That controversial 3-2 decision focused on the six-week requirement of the 2021 law – which was successfully challenged by Planned Parenthood on the grounds it violated privacy protections of the S.C. Constitution (Article I, Section 10).

Issues with the 2021 law were addressed in an updated piece of legislation – Act No. 70 of 2023, also known as the ‘Heartbeat Bill.’ This legislation outlawed abortion in nearly all cases following the detection of a human heartbeat. The ‘Heartbeat Bill’ was upheld by the supreme court six months ago, with associate justice John Few writing the unanimous opinion.

Few has since been targeted by lawmakers, who believe he should have allowed the first law to stand.

Count on FITSNews to keep our audience in the loop as both of these pro-life bills either advance – or don’t advance – in the upcoming legislative session.

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ABOUT THE AUTHOR…

Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.

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