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SC attorney general responds to lawsuit over fetal heartbeat abortion law

The lawsuit argues the law violates South Carolinians' rights to privacy and equal protection under the state constitution.

COLUMBIA, S.C. — A little more than a week after Planned Parenthood South Atlantic, Greenville Women's Clinic, and two doctors filed a lawsuit seeking to block the state's fetal heartbeat law, South Carolina Attorney General Alan Wilson is responding.

The agencies say the law violates South Carolinians' rights to privacy and equal protection under the state constitution.

RELATED: SC House Committee recommends abortion ban, no exceptions for rape or incest

In his 27-page response, Wilson says the court should deny the agencies request to block the fetal heartbeat law for many reasons including it does not violate South Carolinians rights to privacy and equal protection.

RELATED: Abortion providers again challenge South Carolina 6-week abortion ban in state court

He says Section 10 of the South Carolina Constitution, which was adopted in 1971, was written to protect citizens from improper surveillance of electronic devices and computer data banks. "The committee simply did not intend or understand the provision to extend any further," Wilson says. "It certainly did not intend to confer a state constitutional right to abortion."

RELATED: SC lawmakers hear first public testimony on total abortion ban bill

South Carolina's fetal heartbeat law bans abortions after six weeks of pregnancy--which before most women know they are pregnant--with exceptions for rape--incest and to save the life of the mother.

Arguments regarding the lawsuit will be heard in Richland County court on Tuesday.

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