The proposed bill, H. 3507, seeks to amend Article I of the South Carolina Constitution by adding Section 26, which establishes a constitutional right to reproductive freedom. This right encompasses the ability to make decisions regarding pregnancy-related matters, including prenatal care, childbirth, contraception, and abortion. The amendment stipulates that an individual's right to reproductive freedom cannot be denied or infringed upon unless there is a compelling state interest, achieved through the least restrictive means. Additionally, the state may regulate abortion care after fetal viability, but cannot prohibit abortions deemed medically necessary by a healthcare professional to protect the life or health of the pregnant individual.
Furthermore, the bill emphasizes that the state must not discriminate in the enforcement of this right and cannot penalize individuals based on their pregnancy outcomes, including miscarriage or abortion. It also protects those who assist pregnant individuals in exercising their reproductive rights. The proposed amendment will be presented to voters in the next general election, allowing them to decide whether to adopt these changes to the state's constitution.