Senate Bill 323, also known as the “Unborn Child Protection Act,” is a bill which resides in South Carolina’s Senate chambers. Its extremities are to the point that even numerous anti-abortion groups stand in opposition. It lists severe provisions and classifies abortion as homicide. It would delete exceptions for rape and incest, remove grace periods, and criminalize women who receive abortions, doctors who perform them, or anybody who shares information about how to receive one.
To learn more of its origins and provisions, reference my article, Senate Bill 323: South Carolina’s Total Abortion Ban.
On November 18 2025, the Senate Medical Affairs Subcommittee gathered for their second hearing on the bill, with no public testimonies accepted. It was at this meeting that they voted to stop the advance of the bill, consequently halting its movement through state congress. Since then, media headlines have declared it “dead.” But, is it really? Or is it only a momentary impasse in the continuous fight for women’s autonomy?
By A Single Vote
The Senate Medical Affairs Subcommittee relates to healthcare and public health in South Carolina, containing three Democrats and six Republicans in the State Senate. After three hours of delegation, the votes were precarious; with a 3-2 decision, Senate Bill 323 failed by a singular vote in the subcommittee. Four members chose to abstain from voting.
All three Democratic senators, Deon Tedder, Ronnie Saab, and Senate Minority Leader Brad Hutto voted against it. Hutto explained to reporters, “We believe that it’s an attack on women, it’s an attack on doctors, and we were going to have no part of it.”
On the other hand, Senators Tom Fernandez and Richard Cash, who authored Senate Bill 323, voted to pass it onto the full Medical Affairs Committee.
In another turn of events, one of the co-sponsors of the bill, Senator Billy Garrett, was one of the abstainers. He stated, “I’m extremely in favor of saving babies lives,” he continued, “but I have never intended, nor should any of us, intend to punish or be punitive toward our moms.”
Amending the Provisions
Senator Garrett was not the only one to vocalize his strife, as a large part of the hearing was dedicated to discussing potential amendments to the bill. The following is a list of reforms proposed during the hearing on November 18 2025, turned down by its author, Senator Cash.
Failed amendments
- Reinstate exceptions for rape and incest.
- Remove sections regarding the criminalization pieces.
- Remove restrictions on language that advises someone on how to receive an abortion elsewhere.
- Reinstate state laws that took precedent prior to Roe V. Wade (Prior, the only exception to abortion was to save the life of the pregnant person).
Senator Cash was outwardly opposed to Garrett’s amendment, which proposed to exempt mothers from criminal and civil punishment.
“If it’s adopted, it will gut the bill,” Cash explained to the chamber. “That’s the glaring inconsistency of our law in its current state, is that, somehow, the unborn child has no legal status of protection from his or her own mother.”
Successful Amendments
- Opting to eliminate the definitions of contraceptives to protect their access.
- Allowing the transportation of a minor out-of-state for an abortion with the consent of one parent.
It’s noteworthy that the approved amendments were both proposed by Senator Cash himself. However, these were criticized for being contradictory with other sections of the bill that could still allow for civil action against a parent by the other parent or grandparent.
Democratic senators offered no amendments, as Senator Hutto stated, “Our position was the bill was bad. You can’t make something bad better by voting for things, so we just voted against everything- knowing we were going to vote against the bill.”
Can Senate Bill 323 Still Succeed?
While Senate Bill 323 is considered a “dead bill,” it has the possibility of being brought back up.
In the current 2025-2026 session, the bill itself has not been defeated in a way that prevents it from being resurfaced for consideration within that specific session. However, Senate Majority Leader Shane Massey states, “I can say this definitively, there has been not only no decision made to bring up that bill, there has been no discussion about bringing up that bill.”
It’s important to consider that the author and sponsors have the ability to revise the language, receive a new bill number, and restart its legislative process entirely. This is defined as a “clean bill,” which has been reformed following its dead version. There has been no confirmation nor discussion as to whether this will occur and when.
The best way to keep up with further developments consists of the official government website, scstatehouse.gov; or third parties like LegiScan, which offers status update notifications. Staying informed with advocacy groups like the Women’s Rights & Empowerment Network (WREN) and the ACLU of South Carolina can also provide frequent updates, action alerts, and information on future hearings.
Looking to get involved? Read Think Nationally, Act Locally: 10 Easy Ways to Impact Local Politics, by me!