The History of Abortion Law in South Carolina: before 1900

In 1800, South Carolina did not have specific statutory abortion laws. Like much of the United States at the time, abortion was generally governed by English common law. Under English Common Law, pregnancy was considered to have two stages, based on a concept called “Quickening.” Quickening, which usually happened at 16-20 weeks, was the point at which movement of the child could be felt. Abortions before quickening were typically not prosecuted as crimes, while later-term abortions, i.e. after quickening, could be prosecuted as a misdemeanor or felony depending on circumstances.

In general, however, abortion was viewed and dealt with, largely, as a matter of local will and sensibilities.

1820-1830

South Carolina did not pass its first explicit abortion laws until after the 1820s, following a broader trend in U.S. states

Again, the concept of quickening was foundational to the law: pre-quickening and post-quickening. This distinction—in both English and early American law—rested on the belief that quickening indicated that a fetus had achieved “independent existence.” South Carolina’s statutes followed this common law tradition, imposing harsher penalties post-quickening and lighter ones pre-quickening, but generally making both criminal acts unless the mother’s life was in danger.

If death occurred as the result of an abortion, the penalties were much harsher:

Later 1800s

As the country moved toward a new century, the American Medical Association became more involved in policy-making. South Carolina’s abortion laws—like those in many states—became more restrictive and explicit. Initial statutes from the early 19th century that criminalized abortion primarily after quickening were strengthened during this period.

The statutes were revised to criminalize all attempts to procure an abortion, regardless of the stage of pregnancy, with harsher penalties for procedures performed after quickening. Language was also expanded to include any means or substances used to induce abortion, reflecting advances in medical techniques and growing professionalization of medicine.

These new laws included exceptions if the procedure was necessary to save the life of the mother, but otherwise they sought to prevent both self-induced and physician-assisted abortions. These changes mirrored a national trend driven by the American Medical Association’s push to criminalize abortion and regulate medical practice to protect the life and health of mother and child.

The specific statutes were:

• § 16-87 criminalized providing, prescribing, or administering any substance or employing any means to induce an abortion unless necessary to save the mother’s life.
• § 16-88 imposed penalties for violations, generally making the act a felony.
• § 16-89 exempted actions done to save the life of the mother from prosecution.

The statutes made virtually all abortions illegal in South Carolina except when necessary to preserve the woman’s life, imposing criminal penalties on providers but not on the woman herself.

Though Steadman was first tried in 1948, the laws involved were all passed in the 1800s.