Bill > H4718

This Joint Resolution proposes an amendment to South Carolina's Constitution to establish a fundamental right to reproductive freedom for every individual, which includes the right to make decisions about all aspects of pregnancy, such as prenatal care, childbirth, contraception, abortion, and miscarriage management. This right cannot be denied or burdened unless there's a compelling state interest, meaning a state interest focused on protecting the health of the person seeking care, achieved through the least restrictive means. The amendment specifies that while the state can regulate abortion care after fetal viability (the point when a fetus can likely survive outside the uterus), it cannot prohibit an abortion if a healthcare professional determines it's medically necessary to protect the pregnant individual's life or physical or mental health. Furthermore, the state is prohibited from discriminating in the protection of this right and from penalizing individuals for their pregnancy outcomes, including miscarriage or abortion, or for assisting someone in exercising their reproductive freedom with their consent. This proposed amendment will be put to a vote of the qualified electors at the next general election.