In South Carolina, Senate Bill 323 may soon make abortion illegal

The state of South Carolina is among the strongest pro-life states in America. The state already has one of the most restrictive abortion laws in the country, banning abortions about six weeks after a woman’s last menstrual period, with limited exceptions.

But a new bill stands to further strengthen the state’s control over abortion.

Introduced by State Senator Richard Cash (R-Piedmont), Senate Bill 323 would increase the state’s restrictions. And it would impose criminal charges against anyone who had an abortion in violation of state law, or who “aided or abetted” one.

Expanding upon the state’s current six-week ban, S.B. 323, known as the Unborn Child Protection Act, would prohibit nearly all abortions from the moment a pregnancy can be “clinically diagnosed”—that is, as early as six days after conception.

Exceptions for cases of rape, incest, and fatal fetal anomalies would be eliminated; the only remaining exception would be to save the life of the pregnant woman.

According to S.B. 323, killing a fetus by abortion would be classified as a felony equivalent to homicide. Persons who themselves had an abortion outside of the limited time frame of six days, or who aided or abetted an abortion, could be subject to felony penalties of up to 30 years in prison.

It would also be a felony to provide information about how to obtain an abortion, whether that information is conveyed in person, by telephone, or via a website.

And physicians and medical professionals could face professional and criminal penalties for performing abortions.

Lastly, for underage women, the bill would require the express written consent of a parent or guardian.

And schools, both faith-based and secular institutions, must include in their human growth and development curriculum a video produced by an anti-abortion group, to help students understand what actually happens during an abortion and why it is abhorrent to those who respect all God-given life.

Opponents of the Unborn Child Protection Act claim that the penalties for abortion are too severe, and that medications which are currently available, such as the morning-after pill, could be criminalized.

However, given South Carolina’s voters, most of whom are pro-life, the bill’s sponsor, Senator Richard J. Cash (R), is likely to find support.

S.B. 323 was first introduced in February 2025. It was referred to the Senate Medical Affairs Subcommittee, which held a specially-called hearing on October 1 at which no vote was taken.

Sen. Cash has acknowledged, after discussions before the Senate Committee, that there remain questions to be resolved. For example, Sen. Cash said, concerns raised during the testimony included issues related to prematurely born infants.

The Committee will discuss the bill again at a date yet to be established, but no public testimony will be permitted at that meeting.