State bans abortion to test US law

SOUTH Dakota's Governor has signed into law a bill banning almost all abortions, setting up a court fight aimed at challenging the 1973 Supreme Court decision that legalised abortion in the US.

The law makes it a crime for doctors to perform an abortion unless the procedure is necessary to save a woman's life and makes no exception for cases of rape or incest.

Under the measure, doctors could get up to five years in prison for performing an illegal abortion.

Planned Parenthood, which operates South Dakota's only abortion clinic, immediately pledged to challenge the measure, either in court or by collecting signatures to refer the measure to a statewide vote in which voters would be asked to repeal the abortion ban.

Republican Governor Mike Rounds issued a statement saying he expected the law would be tied up in court for years and would not take effect unless the US Supreme Court upheld it.

"The true test of a civilisation is how well people treat the most vulnerable and most helpless in their society," Mr Rounds said.

"The sponsors and supporters of this bill believe that abortion is wrong because unborn children are the most vulnerable and most helpless persons in our society. I agree with them."

The legislature passed the bill last month after supporters argued that the recent appointment of conservative judges John Roberts and Samuel Alito had made the US Supreme Court more likely to overturn Roe v Wade, the landmark Supreme Court decision in 1973 that overturned state legislation outlawing abortion.

South Dakota's abortion ban is to take effect on July 1, but a federal judge is likely to suspend it pending the legal challenge.

Mr Rounds earlier said he believed it would be better to eliminate abortion in steps rather than attempt a court challenge to wipe it out all at once. But he said many abortion opponents wanted to seek a Supreme Court ruling that would reverse Roe v Wade.

He has also said abortion opponents were already offering money to help the state pay legal bills for the anticipated court challenge. An anonymous donor had pledged $US1 million ($1.3 million) to defend the ban, and the legislature had set up a special account to accept donations for legal fees.

NARAL Pro-Choice America president Nancy Keenan said her organisation would urge Americans to fight for their reproductive freedom.

Some other states are considering similar bans on abortion, and the South Dakota legislation will have an impact in other states, she said.

"We see that this is about more than just South Dakota. It's about the country," Ms Keenan said. "The bottom line in all of it is, elections matter."

Planned Parenthood state director Kate Looby said it would remain open to provide services that include family planning.

AP