South Carolina H 3507: Constitutional Amendment

Bill Text

2025-2026 Bill 3507 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3507

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. It 
is proposed that Article 1 of the Constitution of this State be amended by 
adding:

 Section 26. (A) 
Every individual has a fundamental right to reproductive freedom, which entails 
the right to make and effectuate decisions about all matters relating to 
pregnancy including, but not limited to, prenatal care, childbirth, postpartum 
care, contraception, sterilization, abortion care, miscarriage management, and 
infertility care. An individual's right to reproductive freedom shall not be 
denied, burdened, nor infringed upon unless justified by a compelling state 
interest achieved by the least restrictive means. Notwithstanding the above, 
the State may regulate the provision of abortion care after fetal viability, 
provided that in no circumstance shall the State prohibit an abortion that, in 
the professional judgment of an attending healthcare professional, is medically 
indicated to protect the life or physical or mental health of the pregnant 
individual.

 (B) The State 
shall not discriminate in the protection or enforcement of this fundamental 
right.

 (C) The State 
shall not penalize, prosecute, or otherwise take adverse action against an 
individual based on their actual, potential, perceived, or alleged pregnancy 
outcomes including, but not limited to, miscarriage, stillbirth, or abortion. 
Nor shall the State penalize, prosecute, or otherwise take adverse action 
against someone for aiding or assisting a pregnant individual in exercising 
their right to reproductive freedom with their voluntary consent.

 (D) For the 
purposes of this section:

 (1) "Compelling 
state interest" means a state interest with the limited purpose of protecting 
the health of an individual seeking care, consistent with accepted clinical 
standards of practice and evidence-based medicine, which does not infringe on 
that individual's autonomous decision-making.

 (2) "Fetal 
viability" means the point in pregnancy when, in the professional judgment of 
an attending healthcare professional and based on the particular facts of the 
case, there is a significant likelihood of the fetus's sustained survival 
outside the uterus without the application of extraordinary medical measures.

 (E) This section 
shall be self-executing. Any provision of this section held invalid shall be 
severable from the remaining portions of this section.

SECTION 2. The proposed amendment must be 
submitted to the qualified electors at the next general election for 
representatives. Ballots must be provided at the various voting precincts with 
the following words printed or written on the ballot:

 "Must Article 1 of the Constitution of this 
State, relating to the declaration of rights under the state's constitution, be 
amended so as to provide every individual has a fundamental right to 
reproductive freedom, which entails the right to make and effectuate decisions 
about all matters relating to pregnancy including, but not limited to, prenatal 
care, childbirth, postpartum care, contraception, sterilization, abortion care, 
miscarriage management, and infertility care; that an individual's right to reproductive freedom shall not be denied, 
burdened, nor infringed upon unless justified by a compelling state interest 
achieved by the least restrictive means; that notwithstanding the above, the 
State may regulate the provision of abortion care after fetal viability, 
provided that in no circumstance shall the State prohibit an abortion that, in 
the professional judgment of an attending healthcare professional, is medically 
indicated to protect the life or physical or mental health of the pregnant 
individual; that the State shall not discriminate in the protection or 
enforcement of this fundamental right; and that the State shall not penalize, 
prosecute, or otherwise take adverse action against an individual based on 
their actual, potential, perceived, or alleged pregnancy outcomes including, 
but not limited to, miscarriage, stillbirth, or abortion, nor shall the State 
penalize, prosecute, or otherwise take adverse action against someone for 
aiding or assisting a pregnant individual in exercising their right to 
reproductive freedom with their voluntary consent?

Yes o

No o