Georgia's Abortion Law: Triggering A New Wave Of Restrictions?

Abortion laws in the US have been a contentious issue for decades, with the debate intensifying in recent years. Georgia's abortion law, HB 481, also known as the fetal heartbeat bill or the Living Infants Fairness and Equality Act, was passed in 2019 and prohibits abortions once cardiac activity is detected in an embryo, which typically occurs around six weeks into a pregnancy. This law has sparked widespread debate and has been labelled by abortion-rights advocates as an effective ban on the procedure since many individuals are unaware of their pregnancy at that stage. The law has faced several legal challenges, with a Georgia judge recently overturning the six-week abortion ban, deeming it unconstitutional.

The six-week abortion ban

Georgia's abortion law, HB 481, bans abortions once cardiac activity has been detected in an embryo, which is usually at about six weeks. This law came into force on July 20, 2022, and was passed by state lawmakers and signed by Republican Governor Brian Kemp in 2019. However, it was initially blocked from taking effect until the Supreme Court overturned Roe v. Wade in 2022, which had protected the right to an abortion for nearly 50 years.

The law does not criminalize miscarriages and specifically exempts the "naturally occurring death of an unborn child, including a miscarriage or stillbirth." However, it has been criticized for effectively banning abortions, as some people do not know they are pregnant at six weeks. The law has also been challenged in court, with abortion rights advocates arguing that it violates the Georgia Constitution's protection of the right to privacy and the right to make personal healthcare decisions.

On September 30, 2024, the Superior Court of Fulton County ruled that the Georgia Constitution prohibits political interference with an individual's abortion decision before viability. This decision blocked the six-week abortion ban, allowing abortions to resume beyond six weeks in Georgia. However, the state appealed this ruling, and on October 7, 2024, the Georgia Supreme Court reinstated the six-week abortion ban, keeping it in place indefinitely while the state's appeal proceeds.

The 'fetal heartbeat' bill

Georgia's abortion law, HB 481, also known as the "fetal heartbeat bill", was passed in 2019 and sought to ban abortions beyond six weeks, except in certain situations. The bill was introduced by Rep. Ed Setzler and sponsored by several other members of the Republican Party. It was signed into law by Governor Brian Kemp on May 7, 2019.

The bill prohibits physicians in Georgia from performing abortions if a "fetal heartbeat" is detected, which typically occurs around the sixth week of pregnancy. This effectively bans abortions as most people do not know they are pregnant at this stage. The bill does make exceptions for pregnancies deemed "medically futile", and for victims of rape and incest, but only if they have filed a police report and are less than 20 weeks pregnant.

The law also defines an embryo as a person once cardiac activity is detected, which grants embryos new rights and has been argued to have far-reaching consequences, such as a mother claiming child support for an embryo or being penalized for certain behaviours. The American College of Obstetricians and Gynecologists notes that at six weeks, a woman is carrying an embryo, not a fetus.

The "fetal heartbeat bill" faced strong criticism and was initially ruled unconstitutional in July 2020, with a federal judge blocking its enforcement. However, following the Supreme Court's decision to overturn Roe v. Wade in June 2022, the bill was reinstated and allowed to enter into force. This ruling was once again overturned by a Fulton County Superior Court Judge in September 2024, who declared the law unconstitutional and stated that it violated Georgia's Constitution and the right to privacy in healthcare decisions.

The state of Georgia has since appealed this decision, and the law was reinstated by the Georgia Supreme Court in October 2024. The ongoing legal battle over the "fetal heartbeat bill" highlights the contentious nature of abortion legislation in the United States and the impact of the Supreme Court's decision to overturn Roe v. Wade.

Abortion rights protests

On June 24, 2022, the Supreme Court officially overturned Roe v. Wade and Planned Parenthood v. Casey, resulting in further protests across the United States and around the world. In Georgia, hundreds of abortion rights protesters gathered in Atlanta, with a group remaining on the steps of the Georgia State Capitol for over a week. In October 2023, abortion rights protesters in Atlanta marched in the Atlanta Pride Parade and the Little Five Points Halloween Parade. On September 21 and 28, 2024, rallies and vigils were held outside the Georgia Supreme Court and the Georgia Capitol Building to demand the repeal of Georgia's six-week abortion ban and the legalization of abortion nationwide. These rallies followed the deaths of two women in Georgia due to complications from self-managed abortions.

The Supreme Court's role

Following the Dobbs v. Jackson ruling, Georgia's abortion law, HB 481, was allowed to take effect. This law bans abortions once embryonic cardiac activity is detected, which typically occurs around six weeks into a pregnancy. The law was passed by state lawmakers and signed by Governor Brian Kemp in 2019 but was initially blocked from taking effect until the Supreme Court overturned Roe v. Wade.

The Supreme Court's decision to overturn Roe v. Wade in 2022 sparked protests across the country, including in Georgia. Abortion rights supporters argued that the decision would restrict access to abortion and put women's lives at risk. In Georgia specifically, two mothers, Amber Nicole Thurman and Candi Miller, died after being unable to access legal abortions.

In October 2024, a Georgia superior court judge, Robert McBurney, ruled that the state's six-week abortion ban was unconstitutional, as it violated the right to liberty and privacy guaranteed in the state's constitution. However, the Georgia Supreme Court reinstated the ban while it considers an appeal from the state.

The Supreme Court's rulings on abortion, particularly the Dobbs v. Jackson decision, have had a significant impact on abortion laws in Georgia. The court's decisions have shaped the legal landscape and influenced the actions of state lawmakers. The court's rulings have also sparked debates and protests across the country, with abortion rights supporters arguing for the protection of women's health and autonomy.

The impact on access to abortion care

Georgia's abortion law, HB 481, was passed in 2019 and prohibits abortions once cardiac activity has been detected in an embryo, which is generally at about six weeks. This is often before women realize they are pregnant. The law does not criminalize miscarriages and exempts the "naturally occurring death of an unborn child, including a miscarriage or stillbirth".

The law was initially blocked from taking effect until the Supreme Court overturned Roe v. Wade in June 2022, which had protected the right to an abortion for nearly 50 years. Following the overturning of Roe v. Wade, Georgia was one of 14 states that made abortion illegal.

The impact of this law on access to abortion care in Georgia has been significant. Before the law kicked in, there were more than 4,400 abortions each month in Georgia. That number has dropped to a monthly average of about 2,400 since the ban began in 2022, according to data from the Society of Family Planning. This represents a decrease of nearly 50% in the number of abortions performed in the state.

The law has also had an impact on women's ability to access abortion services. Many women do not know they are pregnant until after the six-week mark, at which point it would be illegal for them to get an abortion in Georgia. This has led to thousands of women coming from out of state to get abortions in Georgia, as well as an increase in donations to the state's abortion rights movement.

In addition, the law has had an impact on the types of abortion services available in Georgia. The law prohibits most abortions once a "detectable human heartbeat" is present, which includes some methods of abortion such as dilation and extraction (D&X) procedures.

The law has also had an impact on the safety of abortion services in Georgia. Two women in the state died after they didn't get proper medical treatment for complications from taking abortion pills to end their pregnancies. This was a predictable outcome of restrictive laws, according to Democrats.

Overall, the impact of Georgia's abortion law on access to abortion care has been significant, leading to a decrease in the number of abortions performed, an increase in out-of-state women seeking abortions, and a decrease in the types of abortion services available. The law has also had an impact on the safety of abortion services, with women dying from complications due to a lack of proper medical treatment.

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