Skip to content
Center for Reproductive Rights
Center for Reproductive Rights

Primary Menu

  • About
    • Overview
    • The Center’s Impact
    • Center Leadership & Staff
    • Annual Reports
    • Corporate Engagement
    • Diversity, Equity and Inclusion
    • Careers
    • Contact Us
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Global Advocacy
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
  • News
    • Latest News
    • Stories
    • Events
    • Center in the Spotlight
    • Press Releases
    • Statements
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • U.S. Abortion Rights: Resources
    • Maps
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
    • Repro Red Flags: Agency Watch
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Become a Monthly Donor
    • Make a Donor Advised Fund Gift
    • Leave a Legacy Gift
    • Donate Gifts of Stock
    • Give a Gift in Honor
    • Attend an Event
    • Employee Matching Gifts
    • Mail a Check
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn
Donate
icon-hamburger icon-magnifying-glass Donate
icon-magnifying-glass-teal

South Carolina Supreme Court Affirms Abortion as a Protected Privacy Right Under the State’s Constitution

Center for Reproductive Rights - Center for Reproductive Rights - search logo
search Close Close icon
Center for Reproductive Rights -
Menu Close Menu Close icon
Donate

Primary Menu

  • About
    • Overview
    • The Center’s Impact
    • Center Leadership & Staff
    • Annual Reports
    • Corporate Engagement
    • Diversity, Equity and Inclusion
    • Careers
    • Contact Us
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Global Advocacy
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
  • News
    • Latest News
    • Stories
    • Events
    • Center in the Spotlight
    • Press Releases
    • Statements
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • U.S. Abortion Rights: Resources
    • Maps
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
    • Repro Red Flags: Agency Watch
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Become a Monthly Donor
    • Make a Donor Advised Fund Gift
    • Leave a Legacy Gift
    • Donate Gifts of Stock
    • Give a Gift in Honor
    • Attend an Event
    • Employee Matching Gifts
    • Mail a Check
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn

Related Content

Issues:

Abortion, Legal Protections

Regions:

United States

Work:

In the Courts

Type:

News, Story

Case Archive

For updates on Center cases, explore our case archive here.

Follow the Center

Donate Now

Join Now

01.05.2023

In the Courts Abortion United States Story

South Carolina Supreme Court Affirms Abortion as a Protected Privacy Right Under the State’s Constitution

Nat Ray
Court permanently blocks six-week abortion ban, calling it an “unreasonable restriction upon a woman's right to privacy.”

Share

  • facebook
  • Twitter
  • linkedin
  • Email id
©Traveler1116/iStock Photo

The South Carolina Supreme Court today agreed with arguments brought by the Center for Reproductive Rights and its partners that a ban on abortion at six weeks violates the state constitution’s guarantee to the right to privacy.

The court’s ruling came after abortion providers challenged a South Carolina law banning abortion after approximately six weeks of pregnancy. The ruling, in Planned Parenthood South Atlantic v. State of South Carolina, et al., permanently blocks the law and allows doctors to continue providing abortion care to patients beyond the earliest stages of pregnancy.

“Today’s ruling is especially significant because it builds on the body of jurisprudence throughout the country holding that state constitutions independently recognize and protect abortion rights.”

–Genevieve Scott, senior counsel

The lead opinion states: “The Act cannot withstand the clear directive of our state constitution—that “unreasonable invasions of privacy shall not be violated . . . .”  [I]t forecloses abortion in South Carolina for many pregnant women who may seek it  . . . . By leaving no room for many women to exercise that choice, the Act prohibits certain South Carolinians from making their own medical decisions.”

Nancy Northup, the Center’s president and CEO, said in a statement, “Today’s decision means that the right to make deeply personal health care decisions will remain protected in South Carolina—an immense victory for South Carolinians and the entire region.” 

South Carolina’s six-week abortion ban took effect June 27, shortly after the U.S. Supreme Court ruling eliminating the constitutional right to abortion. The South Carolina Supreme Court temporarily blocked the law on August 17 and heard arguments in the case on October 19.  

The plaintiffs in the case are represented by Planned Parenthood Federation of America, the Center for Reproductive Rights, and the law firm Burnette Shutt & McDaniel.

Without Federal Protections, State Constitutions Are Critical to Protecting Abortion Rights 

Without a federal constitutional right to abortion, state constitutions and courts are playing an increasingly critical role in protecting and advancing abortion rights. Not only are they able to offer alternative and expanded legal grounds for protecting those rights, but they also shield access to abortion in highly restrictive parts of the country—such as in the South. 

South Carolina, long considered hostile to abortion rights before today’s ruling, is surrounded by numerous states hostile to abortion rights, making abortion care in the South extremely difficult, or in some cases, impossible to access.  

Read more.

State Constitutions and Abortion RightsState Constitutions and Abortion Rights link

State Constitutions and Abortion Rights

Center report about building protections for reproductive autonomy.

“Today’s ruling is especially significant because it builds on the body of jurisprudence throughout the country holding that state constitutions independently recognize and protect abortion rights,” said Genevieve Scott, senior counsel for the Center. “States have unique constitutions that can provide broad protections for reproductive autonomy. Considering the robust privacy and equal protection clauses in South Carolina’s constitution, the state supreme court clearly made the right decision today.”  

For decades, the Center has brought cases in state courts to build strong protections for abortion rights at the state level, independent of federal law. In a recent report, “State Constitutions and Abortion Rights: Building protections for reproductive autonomy,” the Center outlines states in which high courts have recognized that their state constitutions protect abortion rights and access independently from and more strongly than the U.S. Constitution or have struck down restrictions that were upheld by the U.S. Supreme Court. 

The Center and its partners have filed numerous cases against state abortion bans that states have attempted to enforce since the U.S. Supreme Court’s ruling in June 2022. Some of those cases have centered around state constitutional protections such as those guaranteeing rights to privacy, liberty, and equal protection under the law—protections that the Center and its partners have argued extend to abortion rights.

“Dobbs does not control, nor even shed light on, our decision today since the South Carolina Constitution expressly includes a right to privacy.”

–South Carolina Supreme Court lead opinion

More excerpts from today’s lead opinion by the South Carolina Supreme Court: 

  • “We hold that the decision to terminate a pregnancy rests upon the utmost personal and private considerations imaginable, and implicates a woman’s right to privacy. While this right is not absolute, and must be balanced against the State’s interest in protecting unborn life, this Act, which severely limits—and in many instances completely forecloses—abortion, is an unreasonable restriction upon a woman’s right to privacy and is therefore unconstitutional.” 
  • “We reject Respondents’ argument to limit the right to privacy guaranteed in our constitution merely because the words used do not specifically mention medical care or bodily autonomy. This narrow interpretation would render the words “and unreasonable invasions of privacy” superfluous.” 
  • “A critical part of the Dobbs Court’s justification for overruling Roe was that Roe “held that the abortion right, which is not mentioned in the Constitution, is part of the right to privacy, which is also not mentioned.” Id. at 2245 (emphasis added). Recognizing that Roe was overturned partially based on its reliance on an unmentioned and hence arguably nonexistent constitutional right to privacy, Dobbs does not control, nor even shed light on, our decision today since the South Carolina Constitution expressly includes a right to privacy.”
  • “[T]he actual scientific data demonstrates that the guise of an “informed choice” is merely an illusion in many instances because women typically do not realize they are pregnant until around six weeks, precisely when the Act bans this medical procedure.”
Large swaths of the U.S. are without access to abortion care.Large swaths of the U.S. are without access to abortion care. link

Large swaths of the U.S. are without access to abortion care.

Explore the Center’s “After Roe Fell: Abortion Laws by State” tool to learn more about each state’s abortion laws and policies.

Read more.

  • Ruling by the South Carolina Supreme Court, 01.05.23
  • Case background: Planned Parenthood South Atlantic v. State of South Carolina, et al.

Tags: abortion, South Carolina, south carolina abortion law, south carolina supreme court, six-week abortion ban, right to privacy

Related Posts

Tennessee’s Mandatory Waiting Period for Abortion: “Highly Insulting and Paternalistic”

    Update: On 4/23/21, the Sixth Circuit Court of Appeals reinstated the 48-hour mandatory waiting period, allowing it to...

Abortion, Legal Restrictions,United States,In the Courts
Tennessee’s Mandatory Waiting Period for Abortion: “Highly Insulting and Paternalistic”

Kansas Ban on Standard Abortion Method Struck Down as Unconstitutional

04.07.21 (PRESS RELEASE) – Today, a Kansas state court permanently blocked the state’s ban on the standard method of abortion after approximately 14 to 15 weeks of pregnancy, a...

Abortion,United States,In the Courts

SC 6-week ban Fourth Cir decision

Abortion,United States,In the Courts

Sign up for email updates.

The most up-to-date news on reproductive rights, delivered straight to you.

Footer Menu

  • Careers
  • Privacy Policy
  • Gift Acceptance Policy
  • Contact Us

Center for Reproductive Rights
© (1992-2024)

Use of this site signifies agreement with our disclaimer and privacy policy.

Better Business Bureau Charity Watch Top Rated Center for Reproductive Rights
This site uses necessary, analytics and social media cookies to improve your experience and deliver targeted advertising. Click "Options" or click here to learn more and customize your cookie settings, otherwise please click "Accept" to proceed.
OPTIONSACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThis cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
_gat_UA-6619340-11 minuteNo description
_gid1 dayThis cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form.
_parsely_session30 minutesThis cookie is used to track the behavior of a user within the current session.
HotJar: _hjAbsoluteSessionInProgress30 minutesNo description
HotJar: _hjFirstSeen30 minutesNo description
HotJar: _hjid1 yearThis cookie is set by Hotjar. This cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the random user ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
HotJar: _hjIncludedInPageviewSample2 minutesNo description
HotJar: _hjIncludedInSessionSample2 minutesNo description
HotJar: _hjTLDTestsessionNo description
SSCVER1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for online advertising by creating user profile based on their preferences.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to deliver advertisement when they are on Facebook or a digital platform powered by Facebook advertising after visiting this website.
fr3 monthsThe cookie is set by Facebook to show relevant advertisments to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysUsed by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile.
IMRID1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for storing the start and end of the user session for nielsen statistics. It helps in consumer profiling for online advertising.
personalization_id2 yearsThis cookie is set by twitter.com. It is used integrate the sharing features of this social media. It also stores information about how the user uses the website for tracking and targeting.
TDID1 yearThe cookie is set by CloudFare service to store a unique ID to identify a returning users device which then is used for targeted advertising.
test_cookie15 minutesThis cookie is set by doubleclick.net. The purpose of the cookie is to determine if the user's browser supports cookies.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
CookieDurationDescription
adEdition1 dayNo description
akaas_MSNBC10 daysNo description
cookielawinfo-checkbox-functional1 yearThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-others1 yearNo description
geoEdition1 dayNo description
next-i18next1 yearNo description
SAVE & ACCEPT
Powered by CookieYes Logo
Scroll Up