Bingham, et al. v. Wilson, et al. (South Carolina)

This federal case – filed by five physicians – challenges South Carolina’s criminal Abortion Ban for violating their rights to religious freedom and freedom from unduly vague laws under the U.S. Constitution.

The Health and Fatal Fetal Anomaly Exceptions to South Carolina’s Abortion Ban are so vague that it routinely forces physicians to withhold abortion care from very ill or grieving patients. Likewise, the Rape or Incest Exception to the Ban excludes survivors reluctant to report the abuse and past twelve weeks of pregnancy.

Denying abortion care to such patients eviscerates the Plaintiffs’ religious and conscientious beliefs in honoring the inherent worth of every person, helping people in critical need, and placing others before themselves. The Abortion Ban thus violates the fundamental right to practice one’s faith, forcing Plaintiffs to choose between observing their religious duties but risking imprisonment and professional discipline, or reneging on their religious obligations but preserving their freedom and livelihood.

The Plaintiffs are asking the Court to at a minimum permit them to provide abortion care to patients who need it to preserve their health, seek to spare a child diagnosed with a fatal anomaly needless suffering, and any rape or incest survivor.

Dr. Dawn Bingham; Dr. Jane Doe; Dr. Patricia Seal; Dr. Jessica Tarleton; Dr. Katee Wyant

South Carolina Attorney General Alan McCrory Wilson; South Carolina’s Sixteen Circuit Solicitors; Members of the South Carolina Board of Medical Examiners; Members of the South Carolina Board of Nursing

Law Office of Bill Nettles

Plaintiffs File First Amended Complaint

Five Physicians Challenge South Carolina’s Abortion Ban as a Violation of Their Religious Freedom