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Liberty Counsel filed an amicus brief at the South Carolina Supreme Court on behalf of the National Hispanic Christian Leadership Conference (NHCLC) and the Frederick Douglass Foundation in defense of the state's pro-life law that protects life by prohibiting abortions after a baby's heartbeat has been detected at approximately six weeks gestation.
The NHCLC and Frederick Douglass Foundation represent millions of African Americans and Hispanics. These minority communities have been the direct target of abortion, and most Planned Parenthood's abortion clinics are in black and Hispanic neighborhoods. Liberty Counsel also filed an amicus brief on behalf of the NHCLC and the Frederick Douglass Foundation at the U.S. Supreme Court in the Dobbs abortion case. In overturning Roe v. Wade and Planned Parenthood v. Casey, the High Court cited to this brief acknowledging that abortion has disproportionally impacted the black community.
On February 18, 2021, Governor Henry McMaster signed the South Carolina Fetal Heartbeat and Protection from Abortion Act, which would require an abortion provider to test for a detectable fetal heartbeat prior to performing the procedure. If a heartbeat is detected, abortion is prohibited, except for a medical emergency. This legislation further guarantees equal protection of the rights guaranteed in the South Carolina Constitution that extends to all of its citizens, including unborn blacks and Hispanics.
The day after Governor McMaster signed the law into effect, Planned Parenthood and a local abortion facility filed a federal lawsuit against South Carolina.
Abortion has a dark eugenic foundation that violates key protections of the South Carolina Constitution. The founder of Planned Parenthood, Margaret Sanger, and the early abortion movement purposefully attempted to utilize abortion as a means of population control among those populations they considered lesser than white Americans. Even though Planned Parenthood masquerades as a benevolent organization claiming to offer "women's health care services" to disadvantaged women, the abortion organization is primarily the reason why black babies are aborted in America three times more often than white babies, and Hispanic preborn children are killed one and a half times more often than whites.
Liberty Counsel's amicus brief in Planned Parenthood South Atlantic, et al., v. South Carolina, et al., & G. Murrell Smith Jr., et al., supports South Carolina's decision to protect innocent and defenseless human life in the womb and emphasizes that all states have a compelling interest in preventing eugenic abortions.
The brief states, "The links between abortion and racist eugenics are manifold. For openers, Margaret Sanger focused her eugenic goal to eliminate 'the unfit' on minorities. In promoting birth control, Sanger advanced a 'Negro Project,' gave a speech to the Ku Klux Klan and advocated eugenic breeding for 'the gradual suppression, elimination and eventual extinction, of defective stocks—those human weeds which threaten the blooming of the finest flowers of American civilization.' She personally set up birth-control clinics in minority communities, including a clinic in Harlem in 1930. In a personal letter in 1939, Sanger explained her plan to stop black population growth: 'The most successful educational approach to the Negro is through a religious appeal. We do not want word to go out that we want to exterminate the Negro population, and the minister is the man who can straighten out that idea if it occurs to any of their more rebellious members.'"
Liberty Counsel's amicus brief also highlights the fact that minority groups have objected for decades that Planned Parenthood has been targeting their communities.
"An example: 'Birth control is just a plot just as segregation was a plot to keep blacks down. It is a plot rather than a solution. Instead of working for us and giving us our rights—you reduce us in numbers and do not have to give us anything.' African American leaders such as Julius Lester, Dick Gregory, Daniel H. Watts and H. Rap Brown described abortion as 'black genocide' and called on blacks to eschew these practices to avoid 'race suicide.'"
Liberty Counsel's Founder and Chairman Mat Staver said, "Abortion is racist human genocide for profit. Liberty Counsel represents the National Hispanic Christian Leadership Conference and the Frederick Douglass Foundation in the fight to help make the womb a safe place once again." 
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