Georgia Law Banning Abortions After Six Weeks Remains Intact
The Georgia Supreme Court ruled today that the state’s law banning most abortions will remain unchanged for now.
Rejected Lower Court Ruling
The Supreme Court rejected a lower court ruling that the state’s restrictive abortion law was invalid because it was put into place four years ago when a woman’s right to later term abortions was still law under Roe V. Wade. Abortions were still allowed after six weeks.
Georgia Banning Abortions
Georgia law states that most abortions are banned once a “detectable human heartbeat” is present. This happens as early as six weeks into a pregnancy. The heartbeat abortion law has been the subject of controversy and legal battles in Georgia since Governor Brian Kemp signed it in 2019. Exceptions to the law are provided for women whose pregnancies are considered futile or medical emergency, or women who are pregnant by rape or incest. But only if they are less than 20 weeks pregnant and only if they have filed a police report.
“I applaud Justice Colvin and the Georgia Supreme Court for ruling today that our written Constitution controls over judge-made law. Today’s victory represents one more step toards ending this litigation and ensuring the lives of Georgians at all ages are protected,” said Governor Brian Kemp.
The Heartbeat Bill
According to the heartbeat bill, doctors are required to check for a fetal heartbeat before performing an abortion. Any doctor who performs an abortion without following the law would be subject to criminal penalties.
Response
SisterSong: National Women of Color issued a statement after today’s ruling saying: “Georgia’s law banning abortions at around six weeks of pregnancy will remain in place after a ruling from Georgia’s highest court today. This is NOT over. Legislative and legal battles over abortion access are likely to continue in Georgia.”
Meanwhile, Andrea Young, executive director of the ACLU of Georgia, said in a statement, “Be clear, the right to abortions is on the ballot in 2024. Governor Brian Kemp and the Georgia legislature acted to take away our rights. The Georgia legislature can restore our rights and we must organize to elect a pro-choice legislature.”
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