It was bound to happen. Where and when were up for debate, but with a newly christened conservative Supreme Court, it was bound to happen sooner or later.
South Dakota is the where. Now is the when. As I write this column, a South Dakota bill sits on the desk of Gov. Mike Rounds, a well-known opponent of pro-choice politics. So in South Dakota the assault on Roe v. Wade has begun.
I won't beat around the bush or surprise you on this one; I am pro-choice. Not because I believe in abortion. I think it is one of the most awful things a person could do. But in some cases, rape and incest especially, I believe it should be a viable option for mothers. And I am certainly not arrogant enough to tell the mothers of those children what is best for them or their unborn child.
Even South Dakota state Sen. Stan Adelstein considers it a "continued savagery," to make a rape victim bear child. I couldn't agree more.
The bill makes no exception for abortions in the case of rape and incest. It also includes up to a five-year prison sentence for any person who performs an abortion in South Dakota. In other words, the battle is on.
In one respect I am glad this bill is in front of a governor "inclined" to sign off on it. We may finally be on the road to setting an indisputable standard in the country. True, Roe may be overturned by a more conservative court. But if it is reaffirmed by the new justices it will be a serious blow to pro-lifers.
An anonymous supporter of the bill donated $1 million for the ensuing legal fees. And make no mistake there will be many legal fees in this battle. Planned Parenthood has pledged to take the issue to court immediately after its potential passage. It seems the only people who will truly benefit from this fight are the lawyers who argue in front of the judges.
This bill certainly won't benefit women who feel abortion is their only option. What the pro-life side of this debate doesn't understand is that while they may overturn Roe v. Wade they will not stop abortions in this country. So it really will not benefit people who wish to ban abortion.
Abortion will simply become a back alley deal again. It will be far more dangerous for the mothers. Roe has flaws as our standard for abortion. But by and large it has served as a fair moderator in the abortion debate. It gives women leeway, but not license.
Perhaps, in time, we will stumble on to an indisputable scientific fact about when a fetus becomes a life. Then there can finally be a just law in the country regarding when it is proper and when it isn't proper to have an abortion.
Until that day we must stand on middle ground. Roe is that kind of middle ground. The South Dakota bill is not. I doubt Gov. Rounds will read this column. But I hope he at least thinks twice before signing off on opening a Pandora's box.