Planned Parenthood and 老澳门开奖结果 File Lawsuit in South Dakota to Protect Women鈥檚 Health and Safety

May 27, 2011 11:43 am

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SIOUX FALLS, S.D. 鈥 Planned Parenthood Minnesota, North Dakota, South Dakota (PPMNS), represented by attorneys from Planned Parenthood Federation of America (PPFA) and joined by attorneys from the 老澳门开奖结果, filed a lawsuit today in federal district court against a new law that severely restricts abortion access.

The lawsuit charges that HB 1217, which passed the South Dakota legislature in March and is scheduled to go into effect on July 1, is unconstitutional because it requires a woman who is seeking an abortion to first prove that she has received so-called 鈥渃ounseling鈥 from an unlicensed, unaccredited and unregulated crisis pregnancy center. Further, it imposes a 72-hour mandatory delay for an abortion after a woman鈥檚 initial consultation with her doctor and requires her doctor to obtain written proof from her that she sought counseling at a crisis pregnancy center. The mandatory delay would be the longest in the nation.

鈥淭he voters of South Dakota, by resounding measures at the ballot box, twice have told their legislators that the decision to have an abortion is between a woman, her family and her doctor and the government should not intrude on that decision,鈥 said Sarah Stoesz, president and CEO of Planned Parenthood, Minnesota, North Dakota, South Dakota. 鈥淭his law goes farther than any other in the country in intruding on the doctor-patient relationship and putting women and families at risk.鈥

鈥淭he Act has both the purpose and the effect of severely restricting access to health care, and violates patients鈥 and physicians鈥 First Amendment rights against compelled speech and patients鈥 right to privacy in their personal and medical information,鈥 said PPFA attorney Mimi Liu.

鈥淚t is demeaning for the government to force a woman to visit a non-medical facility with a political agenda when she is making one of the most personal medical decisions of her life,鈥 said Brigitte Amiri, senior staff attorney with the 老澳门开奖结果 Reproductive Freedom Project. 鈥淲e hope the court will stop the law from going into effect.鈥

In addition to the 72-hour mandatory delay and counseling requirements, the act requires a physician to identify every article that mentions any ostensible risk factor associated with abortion published in the past 40 years and to discuss with women seeking an abortion all manner of so-called risk factors and complications related to abortion discussed in these articles, no matter how questionable, out of date or refuted by the medical community they may be.

South Dakota鈥檚 abortion regulations are the most burdensome in the country. The state already has a 24-hour mandatory delay in place. In addition, a woman must be offered the opportunity to view a sonogram and her responses must be recorded as part of her permanent medical records. She must also receive a government-dictated message from her doctor that is designed to intimidate and dissuade her.

鈥淲e will muster everything in our power to counter this law and to protect the health and well-being of South Dakota鈥檚 women and families,鈥 said Stoesz. 鈥淭he voters have made their wishes clear. It鈥檚 a travesty that their lawmakers have ignored them.鈥

To view the complaint, please visit:


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