South Carolina Bill Would Ban Contraception & Pro-Choice Websites

2.6.25

Read for a brief summary or click to skip ahead: Legislation Watch looks at a new South Carolina bill that contains pretty much every nightmare provision I’ve been warning about for years.

In the States, Idaho wants to make abortion pills a controlled substance, Texas is advancing legislation that would allow pharmacists to deny women birth control, and Arkansas Republicans want to force public schools to show anti-abortion videos.

In Attacks on Democracy, Missouri Republicans are trying to override the will of the people.

In the Nation, a few quick hits.

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Legislation Watch

Buckle up, this is going to fuck with your night. A just-introduced South Carolina bill would rework the state’s abortion ban to strip away exceptions, increase penalties, redefine contraception so that the morning-after pill and IUDs could be illegal, and force women with life-threatening pregnancies to be forced into labor or c-sections instead of given abortions.

It would also allow women to be criminally charged with abortion and make it a felony to even talk about abortion.

Here’s the good-ish news: Senate Bill 323 was introduced by Sen. Richard Cash, who has tried to pass extreme anti-abortion legislation before and has failed. So the hope is that this legislation won’t go anywhere.

That said, you know I don’t believe in dismissing bills because they won’t pass; these are vital Republican roadmaps. They’re telling us the future they want for American women, and we’d do well to listen.

In fact, SB 323 is basically an anti-abortion blueprint:

The bill would act as a total abortion ban, ending exceptions for rape, incest, and fatal fetal abnormalities. SB 323 strips away language that says abortion patients can’t be prosecuted, and would make abortion punishable as a homicide. It would also allow private individuals to sue over abortion.

In keeping with the trend we’ve seen across several states, the legislation would mandate an anti-abortion propaganda video be shown in public schools. Schools that refuse to do so could be compelled by the Attorney General. Speaking of the state AG, he’d now have the ability to prosecute abortion cases himself in case local district attorneys aren’t doing enough of it.

SB 323 is also a shocking attack on free speech. Under this legislation, it would be a felony to refer a patient for an abortion or even to tell a pregnant person about abortion.

Pro-choice websites would be illegal, as would hosting or maintaining a website that tells women how to get abortions. Advertising abortion medication, whether for sale or for free, would also be illegal.

In continuing with that attack on the helpers, this bill would make it illegal to help a minor obtain an abortion and ban abortion doulas. People who ‘aid and abet’ abortion could be prosecuted under the RICO Act, a law reserved for organized crime.

You know how I’ve been harping for years on the way that Republicans are trying to redefine ‘abortion’ and other medical terms? Well, in SB 323, ‘contraception’ would no longer mean something that prevents pregnancy—but something that prevents fertilization. You know why that matters.

What’s more, the law dictates how women with life-threatening pregnancies be treated. As I’ve warned about so many times, this bill would require critically-ill women to be forced into c-sections or induced labor rather than having an abortion.

And this is all what I found out AT FIRST GLANCE! There’s likely more I’m missing. Don’t let anyone tell you these bills are outliers. Don’t let anyone make you feel crazy for talking about bills that won’t pass. They are telling us who they are, and we need to believe them.

In the States

While we’re on horrific legislation, let’s talk about Idaho. Kylie Cheung at Jezebel reports that Republicans there are following in the footsteps of Louisiana, introducing legislation to make abortion medication a controlled substance. Similar legislation has also been introduced in Texas.

I don’t need to tell you how dangerous this is—but I will anyway. Misoprostol isn’t just used for abortion; it’s a critical medication for controlling hemorrhaging, often kept in obstetric crash carts for emergencies. Now, it has to be locked up with narcotics. In Louisiana, hospitals have even run timed drills to see how long it takes doctors to sprint from a bleeding patient to the locked-up medication and back.

Turning abortion pills into a controlled substance isn’t just about ramping up penalties for those who use or provide them. With so many women in anti-abortion states relying on medication abortion by mail, these laws are designed to instill fear and discourage them from seeking care. On top of that, controlled substances—and the people who prescribe or take them—get logged in a state database, adding another layer of surveillance and intimidation.

Speaking of Republicans messing with prescriptions, check out the latest legislation in Texas: KUT Public Media reports that a new bill would protect pharmacists from disciplinary action if they refuse to fill prescriptions based on their religious beliefs.

The bill was written by John Seago of Texas Right to Life—best known for recruiting bitter exes to sue over their partners’ abortions. Texas Republicans are spinning it as a defense of religious freedom. Rep. Matt Krause claims, “We’re starting to see, across the country, really, the government penalizing individuals for their religious beliefs or sincerely held beliefs on certain issues.”

And what kind of “sincerely held beliefs” is Krause talking about? That women shouldn’t have access to birth control, of course. He pointed to a Washington pharmacy that was supposedly “forced” to sell emergency contraception as proof of government overreach. But don’t worry—Krause reassures us that people will still be able to get their medication if it’s life-saving.

"If it’s like insulin or something like that. But if it's something more elective, I guess, or preferred, then I think it’s a little different."

Calling birth control “preferred” is enough to give me a rage migraine. Because in a country where pregnancy can be deadly—and maternal mortality is on the rise—contraception is life-saving.

All eyes on Arkansas, where lawmakers are considering legislation that would force anti-abortion propaganda videos into public school classrooms. Republicans won’t admit that of course—they call it a “human development” video, instead. But this supposedly-scientific lesson is produced by the extremist anti-abortion organization Live Action. This is an organization specifically-known for their deceptively-edited videos!

I first flagged this legislative trend a little over a year ago. Since then, multiple states have passed similar legislation requiring the ‘Baby Olivia’ video—a false, computer generated representation of fetal development.

As I’ve noted previously, this legislation is part of a broader move to indoctrinate American children: The anti-abortion movement knows that young people are the most pro-choice demographic in the country, and they’re desperate to turn that around.

What’s especially alarming is how hard Republicans are working to package these efforts as neutral and scientific. In 2023, for example, I flagged this Newsweek op-ed from the leader of Contend Projects—a conservative anti-abortion organization disguising themselves as an educational institute. CEO Brooke Stanton wrote that the reason Republicans are losing elections on abortion is due to “widespread scientific ignorance.”

The answer, she wrote, is changing the national educational guidelines around what school children are taught about human development:

“Science education in schools is the most effective way to shape future generations. If pro-life leaders want to win the battle against abortion, they need to recognize and release the untapped potential of K-12 science education standards, by ensuring human embryology is in America's science classrooms. If they fail to do so, the abortion industry will continue its winning streak at the ballot box for many generations to come.”

In other words, these aren’t just isolated bills—they’re part of a coordinated campaign to rewrite educational standards and mislead kids. Conservatives know that the more people learn about pregnancy, the more likely they are to be pro-choice. So instead of letting students access real science, they’re pushing propaganda to manipulate the next generation.

Quick hits:

• A new poll shows that over 60% of Virginia voters support codifying abortion protections in the state constitution;

• There’s a new slew of anti-abortion legislation in Maine;

• More on the individual abortion reports being released by the Indiana health department;

• And Ms. magazine on New York’s refusal to extradite an abortion provider to Louisiana.

Attacks on Democracy

What’s happening right now in Missouri should scare every single one of us. It’s been months since voters passed an amendment to repeal the state’s abortion ban, but abortion is still unavailable. What’s more, Republicans are working right now to override the will of voters entirely.

Amendment 3, which enshrines abortion rights until ‘viability’ in Missouri’s constitution, passed in November. In response, a judge struck down the state’s total abortion ban—but left Republican-imposed licensing restrictions in place, effectively ensuring that no clinics can open. (Which, of course, is the entire point—it’s a TRAP law.)

But that’s not all—Missouri Republicans are now trying to overturn Amendment 3 entirely. Their excuse? That voters didn’t really understand what they were doing when they passed the measure, so the issue should go back on the ballot.

This week, legislators held a hearing on House Resolution 54, which would ask voters to support an amendment that bans abortion with narrow ‘exceptions.’ Republicans insist their amendment is a ‘compromise’ that allows more access than the state’s current total ban. But I have to ask: Why are we even debating this?

Missouri voters had their say! They chose to repeal the state’s ban and codify abortion rights until ‘viability.’ There’s no need to talk about a middle ground or compromise because voters already decided!

Republican Rep. Melanie Stinnett, who sponsored HR 54, claims that they’re not undermining democracy, they’re just enhancing it:

"I know that some will try and say that presenting House Joint Resolution 54 will undo the will of the people. But it is important to understand the full process of a house joint resolution. If passed through our legislative process, the language of this HJR will be presented for a vote of the people in Missouri by being placed on the ballot."

And Republican Rep. Jamie Gragg says, “This is not politicians making decisions for you, your doctor and your healthcare…This is actually letting you guys make that decision again.”

Give me a total fucking break.

We shouldn’t be surprised, I suppose. Missouri Republicans pulled out all the stops to stop Amendment 3 from even getting on the ballot—because, like all Republicans, they know voters want abortion to be legal. Just some of the nonsense that anti-abortion lawmakers and activists pulled ahead of the election:

• The Attorney General refused to sign off on a cost estimate for the measure, claiming that restoring abortion rights would cost billions of dollars instead of the thousands estimated by the state auditor.

• The Secretary of State drafted a biased ballot summary that claimed Amendment 3 “would allow for “dangerous, unregulated and unrestricted abortion” by those without a medical license.”

• Anti-abortion groups sent voters text messages to Missouri voters claiming that pro-choice petitioners were trying to steal their identities. (Activists were even caught on tape admitting how they were coordinating efforts with Republicans to stop voters from having a say on the measure.)

Now, I hate to give any oxygen to Republicans’ new amendment—because, again, voters already had their say. But it’s important for you to know regardless. From HR 54:

“The proposed amendment would ban abortion except for in medical emergencies, when a fetus has abnormalities, or in cases of rape or incest, with rape or incest cases requiring a police report and subject to a 12-week limit. It would also prohibit public funding for abortions. What’s more, it would ban providing surgeries, hormones or drugs to assist a child with a gender transition, procedures that are already illegal in Missouri.”

That’s right, they snuck in some anti-trans language for good measure! What’s also notable about this amendment is that Republicans are framing it as a middle ground, because it ‘allows’ for some abortions.

But let’s be real, this is not some kind of reasonable compromise: The amendment would mandate victims file a police report and only get care in the first weeks of their pregnancies. And what the resolution says about fetal anomalies is deceptive: it would only allow women to end their pregnancies if the fetus’ diagnosis was fatal. In fact, the amendment explicitly says it would be illegal to end a pregnancy after getting a prenatal test that shows disability, no matter how severe.

These people are nightmares. And by the way, Republicans won’t just try to pass their amendment; they’ll also try to change the ballot measure rules to make it harder for voters to make their voices heard. Just look at what Florida Gov. Ron DeSantis is up to!

For more on what’s happening in Missouri, read fellow Substacker Jess Piper (who testified this week against HR 54) or some of Abortion, Every Day’s past coverage:

Missouri Voters Reverse Abortion Ban

In the Nation

• Jacobin writes that the anti-abortion war on telehealth isn’t working.

• The Cut reports on Donald Trump giving anti-abortion extremists the green light to attack clinics without fear of consequence, while Axios notes that abortion clinics are girding themselves in response.

• Eurozine outlines why “big tech shouldn’t punish women for seeking abortions.”

• Carrie Baker at Ms. magazine writes about the new study on the drug in emergency contraceptive Ella and its political implications.

• And The Onion always comes through with a LOLSOB headline.

“Our organization was built to pass, protect, and expand safe, legal, and accessible telemedicine. We’re going to keep on doing that…These are human rights that transcend state borders.”

- Julie F. Kay, co-founder of the Abortion Coalition for Telemedicine (ACT), in Glamour