SIOUX FALLS, S.D. (KELO) – It’s been three years since the Supreme Court overturned Roe v. Wade, sending abortion rights back to the states.
Under South Dakota’s 2006 trigger law, abortion is banned and considered a Class 6 felony punishable by up to two years in prison and up to a $4,000 fine. The only exception to the law is if there is “appropriate and reasonable medical judgment” that an abortion would save the mother’s life. There is no exception for rape or incest.
The law went into effect on June 24, 2022, after the Supreme Court decision was announced. Since then, legislation, ballot measures and lawsuits have all been brought forth in the name of abortion access – or restricting it.
KELOLAND News reached out to South Dakota Right for Life. We did not hear back by the time of publishing.
Dr. Amy Kelly, an obstetrics and gynecology (OB-GYN) physician in Sioux Falls, spoke with KELOLAND News about what she’s seen as a physician over the last three years.
Kelly said there has been an increase in complex medical patients with high-risk pregnancies lately.
“We’ve had more people this year on dialysis and pregnancy than I’ve ever taken care of in my entire 15+ year career,” Kelly said. “… It’s life-threatening to be pregnant when you’re on dialysis.”
She admitted the increase may not be directly or entirely related to Roe v. Wade overturning, but said physicians have “seen a lot of really sick pregnant people.”
The lack of OB-GYNs is leading to physicians seeing patients sicker later in their pregnancies, Kelly added.
South Dakota’s strict abortion ban has also led to a difficulty in recruiting OB-GYNs to the state, Kelly said. Clinics like the one in Winner have had to close its labor and delivery services due to issues finding permanent physicians.
“This doesn’t just affect people who want abortions,” she said. “When you start losing medical providers, it affects everyone. There aren’t enough of us in the state as it is.”
Although there are other reasons for a lack of OB-GYNs in South Dakota, Kelly says many out-of-state doctors “won’t even consider practicing here.”
Despite the ban, Kelly said abortions are still being performed in the state, whether that be through out-of-state organizations sending abortion pills in the mail, or the rare medically necessary abortions outlined in the law.
“We have definitely done abortions for medical reasons in the state,” Kelly said. “I think our hospitals are trying to do the best we can. If there’s any question about it, then they’re sent elsewhere.”
At the hospital Kelly works at, two OB-GYNs must agree that the pregnancy is life-threatening before performing an abortion.
Planned Parenthood of the North Central States, which provides abortion care in Minnesota, Iowa and Nebraska, has performed 7% more abortions than before Roe v. Wade was overturned, according to a news release from PPNCS.
In Minnesota, they’ve seen a 172% increase in patients coming from out of state for care.
“Planned Parenthood North Central States continues to provide family planning and other sexual and reproductive health care services in South Dakota,” the news release said.
Kelly hopes there is another ballot question or legislation to reconsider the near-total ban on abortions. During the 2024 election, a ballot measure that laid out regulations for abortions without banning them failed with 58% of the vote.
“If it doesn’t change, if nothing changes, I think it’s gonna get harder and harder to recruit here,” Kelly added. “It’s not safe for pregnant women. It makes the rest of us see patients who are sicker later in pregnancy. It just complicates everything.”
