South Dakota Judge Upholds Abortion Ballot Question Despite Lawsuit

South Dakota abortion ballot Judge John Pekas ruling

By E.Baloyo , Parent Herald Jul 16, 10:30 pm

Photo: (Photo : PIERRE VERDY / Getty Images)

In the newly released court ruling by South Dakota's judge, the abortion questions will be kept for this year's November 2024 ballot voting.

Judge John Pekas' ruling marks a significant achievement for the constituents of South Dakota fighting against one of the most stringent abortion restrictions in the country.

South Dakota's abortions questions will be kept for the November ballot as the state's judge releases the newest decision.

However, the losing party pledged to appeal the decision to the Supreme Court which leaves numerous citizens of the state confused and on the edge for the upcoming election.

South Dakota Abortion Ballot Receives New Ruling

Judge John Pekas dismissed a lawsuit filed by the anti-abortion group Life Defense Fund, which aimed to remove the question despite the supporters gathering more than enough valid signatures.

Adam Weiland, co-founder of Dakotans for Health, celebrated the ruling, stating that the opposing party did everything they could to hinder the people of South Dakota to vote against bodily autonomy of women.

Weiland added that the soon appeal of the decision is another failed effort of a small group who are opposed to giving women the right and choice to terminate pregnancy in cases due to incest, rape, and life-threatening conditions women face.

Republican Rep. Jon Hansen, co-chair of the Life Defense Fund, and a lawyer for the group did not immediately respond to requests for comment on Monday.

Implications of the Amendment

The constitutional amendment that Dakotans for Health aims to alter is to bar the state from hindering a woman's choice to have an abortion during her first trimester.

However, it allows for regulations in the second trimester but only if they are directly related to the physical health of the woman.

Following theU.S. Supreme Court's 2022 decision to overturn Roe v. Wade, which permitted states to assess abortion bans, South Dakota is now among 14 states that have banned abortion at all stages of gestation.

The correction's success would follow the trend of abortion- rights groups winning all seven statewide abortion- related ballot measures since Roe was overturned.

This time, parallel questions are set to appear on ballots in five states, with four added states, including Nebraska, awaiting verification of signatures to get their questions on the ballot.

Support and Opposition

The Secretary of State's Office validated the petition in May, estimating that 46,098 of the signatures were from registered South Dakota voters, well above the required 35,017.

The current regulation in South Dakota prohibits abortions in every stage of pregnancy except only when it is meant to preserve the life of the pregnant woman.

The ballot measure would legalize abortions in the first trimester and allow the state to impose limited regulations in the second trimester, with a ban in the third trimester, except to protect the life and health of the mother.

As representatives from the Life Defense Fund left the courtroom, they expressed disappointment and vowed to appeal the decision.

On the contrary, advocates for the abortion in the state welcome the ruling. Dakotans for Health attorney Jim Leach, publicly addressed the media encouraging to let the people vote and let the people decide.

Previously, Dakotans for Health had sought federal intervention to stop the state case from proceeding.

The federal judge declined to intervene, awaiting the resolution of key issues in the state lawsuit. According to Rick Weiland, chairman of Dakotans for Health, the dismissal of the state case likely renders further federal action unnecessary.