Following the parliamentary defeat of late-term abortion restrictions in South Australia, advocates confront hard questions on legislative strategy and core principles.
The history of the South Australian bill
South Australiaโs parliament has rejected legislation that would have imposed certain new restrictions on abortions after 25 weeks of pregnancy. For many Australians this was simply another conscience vote. For those committed to the pro-life cause, it raises a profound moral and political question: What should lawmakers do when they cannot secure complete protection for unborn children?
Is it morally acceptable to support a law that saves some lives, even if it still permits other abortions? That question lies at the heart of the recent proposal to change South Australiaโs abortion legislation. And it is one that pro-lifers need to address.
The legislation was introduced by Family First MLC Sarah Game. It sought to amend South Australiaโs abortion laws by prohibiting abortions after 25 weeks except in certain defined circumstances. This was not the first such attempt.
In fact, it was the third effort in just two years to tighten South Australiaโs abortion regime, which was liberalised in 2021. The bill passed the Legislative Council by the narrowest of margins โ ten votes to nine โ before proceeding to the House of Assembly, where it was defeated decisively, thirty-six votes to nine. Sarah Game has already indicated she may return with another proposal in the future.
Political alignments and Parliamentary voting
The supporters of the legislation came from a variety of political backgrounds. Sarah Game herself argued that late-term abortions involve viable unborn children and that society has a moral obligation to offer them greater protection. Members of One Nation supported the bill, consistent with the partyโs increasingly outspoken pro-life stance.
National political figures associated with the movement, including Barnaby Joyce, have recently appeared at pro-life rallies calling for greater legal protection of unborn children and warning politicians against treating abortion as a settled issue. Some Liberal and Labor MPs also voted in favour, demonstrating that abortion remains one of the few issues in Australian politics that regularly crosses party lines. For supporters, the bill represented an incremental but meaningful step towards protecting unborn life.
Opposition to the bill was broad and ultimately overwhelming. The Greens opposed it outright. Most Labor MPs voted against it, as did many Liberals. Premier Peter Malinauskas, who voted in favour of the bill, later criticised the renewed focus on abortion legislation and argued parliament should direct its attention elsewhere.
The moral debate and future advocacy
But from a pro-life perspective, a deeper question arises that cannot be settled by a political vote. The intention of the South Australian bill, although aimed at restricting the upper limit of late term abortions to 25 weeks, did allow for abortion up until that point. It also allowed abortions after that date in the cases of foetal abnormalities and in case of the health of the mother. Although a better law than the one already in operation in South Australia, the new law would have still been an incredibly permissive abortion law. Even by world standards.
The question for pro-lifers is how does one navigate the moral evil of abortion, given that a law outlawing abortion in any Australian juristiction at this point would seem impossible to pass. The question with which most pro-lifers struggle is: what are the limits within which we can effectively operate to stop abortion without sacrificing our principles? Despite the intention of those in favour of the South Australian bill, this was still a law that allowed abortions up until 25 weeks. It was still a morally problematic amendment as it left in place a deeply morally flawed law.
Another way of asking the question at the heart of this debate is: how much harm can be permitted even when one is acting with the clear intention of trying to reduce harm? The argument is one that pro-lifers need to have in order to come to some settled understanding of how to prosecute our cause. From this perspective, many pro-life advocates would argue that it is morally permissible to support Sarah Gameโs bill, despite its exceptions. Others argue that any law allowing abortion is morally wrong and is therefore unacceptable.
Despite the noble intentions of those arguing in support of the bill, laws have an effect that is far greater than the individual intentions of legislators. And this cannot be overlooked, even when there is much enthusiasm for a cause. Many in the pro-life cause worry that laws containing exceptions or laws that continue to permit moral evil, will ultimately reinforce the idea that certain unborn lives are less worthy of protection than others. If a law objectively says some children deserve legal protection but others do not, despite the subjective intentions of legislators, will that not ultimately entrench the very evil that the pro-life movement seeks to overthrow?
It is difficult to gauge accurately within the pro-life movement, where the mainstream opinion is to be found on this issue. It seems that for many pro-lifers, any opportunity to reduce the number of abortions must be taken. For others, they argue that such opportunities are not as clear cut as we would like, as they represent their own kinds of harm that will ultimately do damage to the pro-life cause.
We at Right to Life welcome the debate and wish to contribute to making clear what are its parameters and what must be decided. We also welcome the work of those who have brought the abortion debate back into the mainstream. The South Australian bill has shown that abortion is no longer the taboo topic that our political class has made it out to be.
By making the problem of abortion mainstream- we immediately see who is aligned for a right to life and who opposes it. Across Australia, pro-life activists and politicians are becoming more organised and more willing to challenge laws that only a few years ago seemed politically settled. We are working towards making this debate the beginning of a new phase of pro-life advocacy in our country. We pray this may be the beginning of the end for abortion in Australia.
This article first appeared atย Right to Lifeย and is reproduced here by permission. Right to Life is an action group dedicated to defending the inalienable human right to life from conception to natural death. Its work seeks to influence both culture and law in Australia, helping build a society where every human life is protected and valued.
Sources
- ABC News โย Abortion bill voted down in lower house
- ABC News โย Bill to change abortion laws goes before SA parliament
- InDaily SA โย Abortion bill passes first hurdle
- The Saturday Paper โย SA bill restrict abortion defeated
- ABC News โย Sarah Game SA abortion bill reaction
- ABC News โย One Nation Barnaby Joyce Sydney abortion demonstration
- InDaily SA โย How your MP voted on the abortion bill
- South Australian Legislation โย Termination of Pregnancy Restriction on Terminations After 24 Weeks and 6 Days Amendment Bill 2026















