South Dakota’s effort to finally provide legal protection for preborn children failed — not because of the pro-abortion lobby, but because the pro-life establishment actively blocked it.

House Bill 1212, backed by grassroots advocates and several legislators, would have criminalized abortions at all stages, providing preborn children the same legal protections as born persons, while not prohibiting pregnancy centers from helping women in crisis.

The bill failed in committee by an 8-5 vote, largely due to lobbying from establishment groups, including South Dakota Right to Life, the Catholic Conference, Family Voice, Alpha Pregnancy, and Concerned Women for America.

In the days leading up to the hearing, members of Red State Reform were calling and emailing legislators, urging them to vote yes and to consider their duty before God to protect innocent life.

It was through one of those exchanges that a legislator directly acknowledged that the bill was being actively opposed by major pro-life organizations.

The bill’s defeat was orchestrated by certain groups, “Largely because so many pro-life organizations, fought it and worked hard on legislators to have them vote NO. They said the pregnancy centers would go out of business and no one will use them and women won’t come…..”

The vote – HB1212 “strengthen protections for unborn children”

YES

  • Rep. Dylan Jordan
  • Rep. Brandei Schaefbauer
  • Rep. Josephine Garcia
  • Rep. Heather Baxter
  • Rep. Bobbi Andera

NO

  • Rep. Brian Mulder
  • Rep. Logan Manhart
  • Rep. Taylor Rehfeldt
  • Rep. Nick Fosness
  • Rep. Leslie Heinemann
  • Rep. Jim Halverson
  • Rep. Tony Kayser
  • Rep. Eric Emery

The Catholic Conference pushes “second victim” narrative

Michael Pauley, representing the South Dakota Catholic Conference, testified against the bill:

“All too often, women make the choice for abortion based on outside pressures, coercion, and deception. They are often abandoned by the men who impregnated them and disregarded by a society that nudges them toward a destructive solution. This is the sense in which we can rightfully view the woman as the second victim of abortion… House Bill 1212 would not advance a pro-life culture in South Dakota, but rather would take us backwards.”

South Dakota Right to Life Publicly Opposed HB1212

Dale Bartscher testified: “We rise in opposition to HB1212. We have helped pass laws that protect unborn children…..we have approached this mission with compassion……we also have consistently opposed policies that criminally punish women……as we support her and love them.”

Abby Johnson refutes establishment claims

Abby Johnson, former Planned Parenthood clinic director turned pro-life activist, challenged that narrative:

“The catechism of the Catholic Church says that abortion is a grave sin.

It says that abortion is murder, and nowhere at any point in time does the Catholic Church state that there should not be penalties for murder. In fact, it is the opposite. The Catechism of the Catholic Church 2268, says that the Fifth Commandment forbids direct and intentional killing and is gravely sinful. The murder and those who cooperate voluntarily in murder commit a sin that cries out to heaven for vengeance.

The Catechism of the Catholic Church states in 2271, that since the first century, the Church has affirmed the moral evil of every procured abortion. The teaching has not changed and remains unchangeable.”

Johnson also countered the “pregnancy centers will close” argument:

“There is absolutely no data that shows making abortion illegal will hurt pregnancy centers. In fact, states like Texas, Louisiana, and Arkansas have seen significant increases in patients after legal protections were restored.”

Abolition vs. Establishment

Bradley Pierce, attorney and president of Foundation to Abolish Abortion, told legislators plainly:

“You cannot abolish abortion, which I assume many of you, if not all of you, want to do, without making it illegal for anyone, including the mother, to murder a preborn child.

And you cannot protect women from being pressured to abort a preborn child unless you make it illegal for them to do so, because if you keep it legal for women to abort their child, you’re also keeping it legal for men, abusers, and others to pressure them into doing that.”

Pierce also addressed common establishment objections:

“Some people want to overcomplicate this with a lot of what-ifs about enforcement. But the state already has a justice system that you trust every day. Laws restrain law enforcement, every defendant is presumed innocent, juries must be unanimous, judges are reviewed by other judges, and there’s even a board of pardons and paroles. The implication that the state is itching to unjustly prosecute women is absurd.”

He concluded by reminding lawmakers of the moral stakes:

“The innocent blood of hundreds of children cries out to Jesus Christ, their creator, for justice… He demands that civil magistrates outlaw murder and abolish child sacrifice. That’s why we’re here today.”

What this exposes

  • The pro-life establishment claims to defend life, yet actively killed legislation that would have legally ended abortion in South Dakota.
  • They leaned on fear-based narratives — that women would be criminalized or pregnancy centers harmed — despite evidence to the contrary.
  • The bill’s narrow failure shows that grassroots advocates and true defenders of life are in a minority within the system, fighting against entrenched interests and unbiblical positions regarding justice and protection.

Bradley Pierce’s organization, Foundation to Abolish Abortion, continues to push for full legal protection for preborn children, while warning voters and donors that establishment groups often prioritize infrastructure over life itself.

Full bill information:

https://sdlegislature.gov/Session/Bill/26642/299310

https://sdlegislature.gov/Session/Bill/26642

https://sdlegislature.gov/Session/Vote/83294

Red State Reform exists because the political class will not reform itself.

So we are building something different—equipping everyday believers and raising up Christians to run for office who fear God more than man and will govern according to biblical truth and justice.

SIGN THE PETITION and stand with us as we raise up future lawmakers who will not compromise on protecting life or abandoning God’s standard in law and policy.