South Dakota is often where national political trends go to get complicated. On November 5, 2024, voters across the state walked into booths and definitively rejected Amendment G. This wasn’t just a "no" to a policy change; it was a 59% to 41% landslide that kept one of the strictest abortion bans in the country exactly where it is. Honestly, it kind of shocked the national pundits who expected South Dakota to follow the "blue wave" of reproductive rights wins seen in other red states like Kansas or Ohio.
But South Dakota is different.
The South Dakota abortion amendment was a bit of a localized paradox. While other states were passing broad protections, South Dakota’s proposal tried to resurrect the old Roe v. Wade trimester framework. It basically said: no regulations in the first three months, some in the middle, and big restrictions at the end. For a lot of people, that felt like a reasonable middle ground. For others, it was either way too radical or didn't go nearly far enough.
The Trimester Tangle: What Amendment G Actually Said
If you read the fine print of Amendment G, you’ve probably noticed it was wordy. It aimed to stick a new section into the State Bill of Rights. The core idea was to stop the government from meddling in the first trimester. Once you hit that second trimester, the state could regulate things, but only if it was "reasonably related" to the physical health of the mom.
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Then came the third trimester. That’s where the state could have stepped in to prohibit abortion entirely, except when a doctor decided it was necessary to save the woman’s life or health.
The "no" camp, led by groups like the Life Defense Fund, hammered on the word "health." They argued it was a giant loophole that would allow abortions "up to the moment of birth" because "health" wasn't strictly defined. They called it extreme. On the flip side, you had Dakotans for Health, the group that got the thing on the ballot. They were basically saying, "Hey, we just want to go back to how things were for 50 years before the Dobbs decision."
Why the Pro-Choice Side Was Divided
Here is the part that usually surprises people: the biggest reproductive rights groups didn't even support the South Dakota abortion amendment.
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- Planned Parenthood didn't back it.
- The ACLU of South Dakota stayed away.
- National groups weren't cutting checks for it.
Why? Because they thought the language was too weak. They were worried that the "trimester" framework actually gave the legislature too much power to pass restrictive laws during the second and third trimesters. They didn't want a "kinda-sorta" protection; they wanted something ironclad. This left the amendment in a weird political limbo. It was too "pro-choice" for the conservatives and too "conservative" for the pro-choice establishment.
The Current Law in South Dakota (It’s Harsh)
Because the amendment failed, the 2005 "trigger law" stays in place. This law is basically a wall. It makes performing an abortion a Class 6 felony. The only exception—the only one—is to save the life of the mother. There are no exceptions for rape. There are no exceptions for incest.
Governor Kristi Noem has been very vocal about this. She’s called the state’s stance a "stand for life." During the campaign, she didn't mince words, basically telling voters that the amendment was a threat to "precious babies." It’s a message that clearly resonated in the 2024 results.
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What Most People Get Wrong About the 2024 Vote
You’ll hear some folks say South Dakotans are just "anti-abortion," but the history is more nuanced. The state actually rejected abortion bans at the ballot box in 2006 and 2008. So why did 2024 go the other way?
- Confusion over the text. The Attorney General’s explanation warned that the amendment would override almost all existing safety regulations.
- The "Late-Term" Scare. The opposition ran a very effective campaign focused on the idea that the amendment would allow late-term abortions. Even though proponents denied this, the fear was enough to move the needle.
- The lack of "Big Org" money. Without the ACLU or Planned Parenthood’s massive marketing machines, the "Yes" side was outspent and out-messaged.
Honestly, the legal jargon in the amendment was its own worst enemy. When voters get confused, they usually vote "no."
Actionable Insights: What Happens Next?
If you're following this issue, the 2024 result isn't the end of the conversation, but it's a massive roadblock for advocates. Here is what to keep an eye on:
- Legislative Tweaks: There is some talk in Pierre about clarifying the "life of the mother" exception. Doctors have complained that the current law is so vague they’re scared to treat miscarriages or ectopic pregnancies until the patient is literally crashing.
- Travel for Care: Since the ban remains total, South Dakotans seeking care will continue to travel to Minnesota or Colorado. This keeps the pressure on regional clinics in those "safe haven" states.
- A New Strategy: Expect the next attempt at a ballot measure (likely 2026 or 2028) to look very different. Advocates will probably ditch the "trimester" language for something more modern and broad, hoping to get the big national groups back on board.
If you are a resident looking to engage, the most direct path is no longer the ballot box for the immediate future. It’s the state legislature. Engaging with your local representatives about "medical emergency" definitions is currently the only way the needle moves on this policy in South Dakota.