CNN —
A Georgia judge has struck down the state’s six-week abortion ban as unconstitutional.
In a ruling issued Monday, Judge Robert McBurney said Georgia’s Infant Fairness and Equality Act (LIFE Act) violates women’s state constitutional rights.
The legal challenge was filed against the state of Georgia by the SisterSong Women of Color Reproduction Collective.
“Society can only intervene when the fetus growing inside a woman reaches a state of viability and society can assume care and responsibility for that separate life.” The arbitrary six-week ban on abortion (due to pregnancies after fetal heart activity) creates a conflict between these rights, the woman’s right to freedom and privacy, and society’s interest in the protection and care of the fetus. “It is inconsistent with the appropriate balance to be established,” McBurney wrote.
When the LIFE Act was originally signed into law, it criminalized most abortions after the fetus had detectable heart activity, usually around six weeks into pregnancy.
When the U.S. Supreme Court struck down Roe v. Wade in 2022, ending the state’s right to abortion, it opened the door to state bans. Currently, 14 states ban abortion at all stages of pregnancy, with some exceptions. Georgia is one of four countries where the ban begins about six weeks into pregnancy, and often before the woman even knows she’s pregnant.
The impact of the ban has been felt deeply in the South, as many people must travel hundreds of miles to states where abortion procedures are legal.
If Georgia’s new ruling stands, it would open new avenues for abortion access not only for Georgia residents but also for those in neighboring states who currently face long trips to states like North Carolina and Illinois. There is a possibility that
Georgia may appeal the McBurney decision. “We believe Georgia’s LIFE Act is fully constitutional and will immediately appeal the lower court’s decision,” Kara Murray, communications director for Georgia Attorney General Chris Carr, said in a statement Monday. Ta.
Georgia’s law was passed by state lawmakers in 2019 and signed by Republican Gov. Brian Kemp, but was blocked from taking effect until the Supreme Court struck down Roe v. Wade, which had protected abortion rights for nearly 50 years. was.
Kemp has tried in the past to soften the law’s political impact by focusing on maternal health. On Monday, he attacked the ruling.
“Once again, the will of the Georgian people and their representatives has been overridden by the personal beliefs of one judge,” Kemp said in a statement. “Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be the place where we fight for the lives of the unborn. I will continue.”
Before the LIFE Act went into effect, more than 4,400 abortions were performed each month in Georgia. Since the ban went into effect in 2022, that number has fallen to an average of about 2,400 per month, according to data compiled for the Family Planning Association.
CNN previously reported that the Georgia Supreme Court upheld the law in 2023, vacating the lower court’s ruling and stating in part, “The trial court, relying on the U.S. Supreme Court’s overturned ruling, ruled that LIFE “It was a mistake to conclude that parts of the law violate the law,” he said. The United States Constitution as it was enacted in 2019. The same U.S. Constitution that enacted the LIFE Act still applies today, and Georgia courts will rely on the currently dominant U.S. Supreme Court’s interpretation of the U.S. Constitution when determining whether the LIFE Act is statutory. Need to refer. The law violates its constitution. ”
“After reviewing the high court’s interpretation of ‘freedom,’ we find that freedom in Georgia includes a set of meanings, protections, and rights that allow women to control their own bodies,” McBurney said in Monday’s order. It has been proven that it contains the power to control.” , to decide what happens with it and in it, and to reject state interference in her medical choices. ”
In a statement released by the American Civil Liberties Union, SisterSong Executive Director Monica Simpson said, “Today’s victory comes after a hard-fought fight and moves us in the right direction toward achieving reproductive justice in Georgia.” “This is an important step forward.” I am encouraged that a Georgia court has ruled in favor of bodily autonomy. ”
Georgia does not have a referendum on abortion rights scheduled for November’s election, in part because there is no way for residents to put initiatives on the ballot. But that hasn’t stopped Democrats from trying to keep abortion front and center as an issue in Georgia, trying to appeal to women voters and suburbanites.
On September 20, Vice President Kamala Harris visits Atlanta and denounces Republican presidential candidate Donald Trump as a threat to women’s liberties and lives, vowing to further restrict access to abortion if Trump is re-elected. I warned you that it would be. The issue is also a key issue in state elections, as Democrats try to break into Republican majorities, especially in state legislatures.
Harris came to Atlanta because ProPublica reported that two women in the state died from complications from taking abortion pills to terminate their pregnancies without receiving proper treatment. It was later.
Democrats argue that these deaths were the predictable result of a law that went into effect after the Supreme Court overturned Roe v. Wade.
Harris has been outspoken about abortion rights since the Supreme Court ruling more than two years ago, but her Sept. 20 speech was her first since replacing President Joe Biden as the top Democrat. The speech focused squarely on this issue.
This article has been updated with additional reporting.
The Associated Press contributed to this report.
