Abortion makes its first appearance in the Legislative hopper as Rep. Stace Nelson (R-19/Fulton) files House Concurrent Resolution 1005, which exhorts Congress and the President to bestow Fifth and Fourteenth Amendment rights to fetuses:
A CONCURRENT RESOLUTION, Urging Congress and the President to secure the blessings of life and liberty for our posterity.
WHEREAS, the purpose of the United States Constitution is "to secure the blessings of liberty to ourselves and our posterity;" and
WHEREAS, our children and preborn children are our posterity; and
WHEREAS, our most important blessing is the right to live; and
WHEREAS, the right to life of all innocent persons is God-given and unalienable:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges Congress and the President of the United States to immediately provide preborn children their appropriate protections by the fifth and fourteenth amendments to the United States Constitution [2014 HCR 1005].
Rep. Nelson inserts "appropriate" before "protections" to keep me from throwing spitballs at him for defending fetuses from self-incrimination and double jeopardy. But how about a takings clause argument?
Rep. Nelson and his intrusive ilk would exert sovereignty over a woman's body. They would annul her bodily autonomy and oblige her to sacrifice property, liberty, and possibly life to serve a favored entity whom HCR 1005 declares a superior human being. Reps. Nelson, Haggar, Hickey, and friends offer no compensation, no due process, just their smug moral declarations that we love babies while we stigmatize and criminalize their mothers.
Pro-choice South Dakotans will revolt against HCR 1005. Anti-abortion South Dakotans will say pro-choice means pro-abortion.
Here's what being pro-choice means: the only person who gets to decide whether a woman bears a child is the woman. No one else gets to make that decision for her, neither the abusive boyfriend who would hit her to terminate her pregnancy against her will, nor the intrusive legislator who would assign a portion of her flesh Constitutional rights to extend her pregnancy against her will.
No Legislature can assign Constitutional rights to a fetus without taking Constitutional rights away from women. We have to choose. And we must choose not to make a woman's choice for her.
Let's protect women from the unconstitutional predations of Rep. Stace Nelson and other South Dakota Republicans. Reject HCR 1005.