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

Inability to provide abortion care to very ill, grieving, or traumatized patients violates physicians’ deeply held religious beliefs

01.09.25—(PRESS RELEASE) Yesterday, five physicians challenged South Carolina’s criminal Abortion Ban in federal court 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 physicians’ 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 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 physicians 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.

“My faith commands me to respect the ability of my patients to direct the course of their lives,” said Dr Dawn Bingham, a plaintiff in today’s legal challenge.  “South Carolina’s Abortion Ban forces me to ignore the values and wishes of many of my patients, and for that reason, I am proud to join today’s challenge.”

Drs. Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, and Katee Wyant filed yesterday’s challenge in federal district court; they are represented by the Lawyering Project and the Law Office of Bill Nettles.

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