A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING TO THE DECLARATION OF RIGHTS UNDER THE STATE'S CONSTITUTION, BY ADDING SECTION 26 SO AS TO CREATE A CONSTITUTIONAL RIGHT TO MAKE AND CARRY OUT ONE'S OWN REPRODUCTIVE DECISIONS, INCLUDING THE RIGHT TO AN ABORTION, WITH EXCEPTIONS, AND FOR OTHER PURPOSES.
H3507 is a joint resolution proposing a constitutional amendment to the South Carolina Constitution that would add a new right to “reproductive freedom” in Article I, the state’s declaration of rights. The amendment would recognize a fundamental right for every individual to make decisions about pregnancy-related matters, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. It would also require that any state burden on that right satisfy strict scrutiny: a compelling state interest achieved by the least restrictive means.
The proposal would allow the state to regulate abortion after fetal viability, but it would bar the state from prohibiting an abortion when, in the judgment of the attending healthcare professional, it is medically indicated to protect the pregnant person’s life or physical or mental health. It also prohibits the state from discriminating in the protection or enforcement of the right and from taking adverse action against a person based on pregnancy outcomes such as miscarriage, stillbirth, or abortion, or against someone who assists a pregnant individual with voluntary consent. The amendment is self-executing and severable, and the ballot question would place the proposal before voters at the next general election for representatives.
If adopted, H3507 would amend the South Carolina Constitution and supersede conflicting state laws or policies that restrict reproductive decision-making. It would likely affect abortion regulation, pregnancy-related criminal or civil liability, and any statutes or enforcement practices that burden contraception, miscarriage management, infertility care, or assistance to pregnant individuals. Because it is a constitutional amendment, it would create a higher-level legal protection than ordinary legislation and could be used to challenge existing or future restrictions under state constitutional law.
Based on the text provided, the bill reflects a strongly pro-reproductive-rights position and is framed as a broad civil-rights style protection for pregnancy-related decision-making. No committee transcripts or recorded votes are available in the provided materials, so there is no documented legislative debate or vote history to indicate support or opposition levels. The overall tone of the proposal suggests it is intended to expand and secure reproductive autonomy rather than to make incremental policy changes.
The main points of contention are likely to be abortion access, the scope of the proposed constitutional right, and the limits on state regulation after fetal viability. Supporters would likely emphasize autonomy, privacy, healthcare access, and protection from prosecution or discrimination related to pregnancy outcomes. Opponents would likely object to the inclusion of abortion as a constitutional right, the use of a broad “compelling state interest” standard, and the restriction on state authority to regulate post-viability abortions except where medically indicated to protect the pregnant person’s life or physical or mental health.