As we conclude the final week of the 2026 session, I want to thank you for your attention to our alerts and for your prayers and actions throughout the session.
The legislature will return on March 30 for Veto Day to consider any bills the Governor may have vetoed.
Mail-Order Abortion Drugs
HB1274 An Act to prohibit the dispensing, distribution, sale, or advertisement of certain articles or things for purposes of an unlawful abortion and provide a criminal and civil penalty therefor.
HB1274 was amended from the original.
Since South Dakota bans abortion, both surgical and chemical, these dangerous and unregulated mail-order abortion pills are coming into our state. About 60% of abortions are committed with this two-regimen process. HB1274 provides our Attorney General with the laws he needs to criminalize the distributors of abortion pills.
HB1274 passed in the House 61-5 and in the Senate 31-2.
Position: Support
Defining Man and Woman in State Law
HB1184 is an Act to define man and woman throughout the state and prohibit funding for anything to the contrary.
HB1184 would ensure that the definitions of “boy,” “father,” “female,” “girl,” “male,” “man,” “mother,” “sex,” and “woman” are reflected in our laws.
HB1184 passed in the House, 57-9, on February 24, and in the Senate, 30-4, on March 9.
NOTE: To confirm the constitutionality of HB1184, on March 5, the South Dakota Supreme Court ruled that “citizens cannot alter the sex or name written on their birth certificate unless an error was made at the time of birth.” This case stems from a challenge by a biological male who identifies as a “transgender woman.” The court stressed that “keeping accurate records of an individual’s sex is a ‘legitimate government purpose.’” Read more here.
Position: Support
Article V Constitutional Convention
SJR503 … applying to the United States Congress for a convention of the states to propose amendments to the United States Constitution … . This was an application to Congress for an Article V Constitutional Convention, a.k.a. Convention of States (COS) or con con. It is too risky to open the Constitution.
SJR503 passed in the Senate 25-9 and failed to get on the House calendar for a vote 29-38.
Position: Oppose. Read our brochures on this topic here and here.
SJR502 … applying to the United States Congress under Article V of the United States Constitution … fixing the number of justices of the United States Supreme Court at one chief justice and eight associate justices.
SJR502 is another Article V Constitutional Convention. This one is to limit the number of Supreme Court Justices to nine (where it currently is). This measure will still open the Constitution to whatever the delegates desire or whatever the popular topic might be. Delegates could change the number of Justices to 5, 13, or 23.
SJR502 passed in the Senate 24-10 and failed in the House State Affairs Committee 8-4.
Position: Oppose.
HB1196 … participation of delegates from this state in an Article V convention.
HB1196 attempted to establish rules for delegates to a Constitutional Convention from our state. However, under the Constitution, Congress will control the event, not the states. Defeated in committee.
Position: Oppose.
PRAYER:
Father, we thank You that You are able to do exceedingly abundantly above all that we ask or think. We thank You for the legislative victories You provided our state this year. Bless the legislators as the session ends, and they return home to their families and their businesses. As we enter into the campaign season, encourage men and women of good, Godly character to step up to run for office in our state. In Jesus’ name, Amen.
