The bill proposes an amendment to Article I of the South Carolina Constitution, specifically by adding Section 26, which establishes a constitutional right to reproductive freedom. This right encompasses the ability to make decisions regarding pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. The amendment stipulates that this right cannot be denied or infringed upon unless justified by a compelling state interest, and it allows for regulation of abortion care after fetal viability, provided that such regulations do not prohibit medically indicated abortions to protect the health of the pregnant individual.

Additionally, the amendment prohibits the state from discriminating against individuals in the protection or enforcement of this right and prevents any penalties or adverse actions against individuals based on their pregnancy outcomes, including miscarriage or abortion. The proposed amendment will be presented to voters in the next general election, allowing them to decide whether to adopt these provisions into the state constitution.