A Georgia judge recently struck down the state’s six-week abortion ban, citing a violation of residents’ liberties as outlined in the state constitution.
Known as the LIFE Act and signed by Gov. Brian Kemp in 2019, the law went into effect in 2022 after the U.S. Supreme Court overturned federal abortion protections established by Roe v. Wade. Fulton County Superior Court Judge Robert McBurney ruled that the state law contradicted previous interpretations of liberty in healthcare rights.
McBurney emphasized that Georgians have the right to make personal healthcare decisions under the liberty clause. However, he also stated that state lawmakers could regulate abortion around the time of fetal viability, typically around 22-25 weeks. The judge criticized the law’s portrayal of pregnant individuals as “community property” and emphasized the balance of rights favoring the woman.
While the Attorney General’s office plans to appeal the decision, abortion rights advocates celebrated the ruling as a step forward. Executives from organizations like SisterSong Women of Color Reproductive Justice Collective and URGE expressed gratitude for the verdict and emphasized the continuing fight for reproductive justice.