Backers of an abortion rights ballot question are campaigning for a constitutional amendment without the support of two advocacy groups.
Both regional ACLU and Planned Parenthood organizations worry Constitutional Amendment G may not meaningfully restore abortion access.
The state of South Dakota prohibits abortion except to save the life of the mother. Backers say the so-called “Freedom Amendment” puts the Roe framework in the state constitution—that the government cannot prohibit abortion in the first two trimesters of pregnancy.
Rick Weiland, with Dakotans For Health, said the public understands and supports the 1973 ruling—which was overturned in 2022.
“It’s got to be one of the most personal decisions a woman and her doctor, consultation with a doctor, have to make," Weiland said. "You’ve got the government telling you, you don’t have any options, that cuts across partisan politics.”
Anti-abortion groups call the measure too extreme. But some groups that historically support abortion rights are hesitant to back the measure as well.
Libby Skarin, acting executive director for the ACLU South Dakota, said the Roe decision ultimately led to future cases that allowed states like South Dakota to chip away at abortion access.
“One of the mistakes that the ACLU is hellbent on avoiding is creating any sort of legal framework that could be called into question, or that could be chipped away at, or that could reinstate the status quo where we had a right in name but not a right in reality," Skarin said.
In a joint statement, Planned Parenthood North Central States joined ACLU of South Dakota in saying its heartened by the enthusiasm South Dakotans have shown for securing abortion rights.
"As we continue to seek out the best paths to meaningfully protect abortion care in South Dakota, we hope South Dakotans will continue to use their power and their vote to create lasting change," the statement read.
Both the ACLU and Planned Parenthood in Michigan backed a constitutional amendment effort in 2022 in that state. The amendment, which passed, secures not only a right to abortion, but prenatal care, birth control and other procedures and treatments related to reproductive healthcare.
However, South Dakota constitutional amendments are required to stick to a single subject rule, which Dakotans For Health officials worry similar language would violate.
Secretary of State Monae Johnson certified Amendment G in May, saying the group submitted 46,098 valid signatures.
Last week, a Minnehaha County court judge dismissed a case brought by Life Defense Fund. The anti-abortion group has argued that some of the signatures collected should be invalidated.
The group is appealing the case to the state Supreme Court and is asking for an expedited order.
