A federal judge has blocked Georgia’s anti-abortion law from going into effect.
District Judge Steve C. Jones issued a ruling Tuesday blocking House Bill 481 from taking effect Jan. 1 while a challenge to the law makes its way through court.
The American Civil Liberties Union of Georgia had sued the state saying the law, which bans most abortions once a doctor can detect fetal cardiac activity, violates a woman's constitutional right to abortion as established by the U.S. Supreme Court ruling in Roe v. Wade.
The new law could outlaw abortions as early as six weeks into a pregnancy, which is before many women know they are pregnant.
Jones said the U.S. Supreme Court has “repeatedly and unequivocally” upheld Roe v Wade, saying a state may not ban abortion before it is viable — established in Roe as between 24 and 26 weeks of pregnancy.
“What is clearly defined, however, is that under no circumstances whatsoever may a state prohibit or ban abortions at any point prior to viability, no matter what interests the state asserts to support it,” Jones wrote. “By banning abortions after a fetal heartbeat is detected, HB 481 prohibits women from making the ultimate decision to terminate her pregnancy at a point before viability.”
ACLU legal director Sean J. Young applauded Jones’ decision.
“The federal district court today fulfilled its oath to uphold and defend the Constitution,” Young told The Atlanta Journal-Constitution. “This abortion ban has been unconstitutional from start to finish and today is a victory for the dignity of women throughout Georgia.”
Gov. Brian Kemp’s office said it was reviewing Jones’ decision.
“Despite today’s outcome, we remain confident in our position,” said Kemp spokesman Cody Hall. “We will continue to fight for the unborn and work to ensure that all Georgians have the opportunity to live, grow, and prosper.”
The ruling comes eight days after the ACLU argued in court that the law should not be allowed to go into effect.
Attorneys for the ACLU said the new law is essentially a ban on abortions, but lawyers for the state said the procedure still could be performed before cardiac activity is detected.
The ACLU also argued that the “personhood” components of the law were vague and made it difficult for their clients, abortion providers, to know when he or she was in violation.
That language would allow parents, once a heartbeat is detected, to claim an embryo on their taxes as a dependent, and it would be counted toward the state’s population. A court could also order a father to pay child support after a heartbeat is detected, under the law.
Jones wrote in his order that he agreed the language was too vague.
“HB 481 changes the definition of a natural person in Georgia, but defendants have been unable to point to any guidance for law enforcement or the judiciary on how to implement that change throughout the code,” Jones wrote.
In Georgia, later abortions would still have been allowed in cases of rape, incest, if the life of the woman is in danger or in instances of “medical futility,” when a fetus would not be able to survive after birth. To obtain an abortion after six weeks of pregnancy because of rape or incest, a woman would have to file a police report.
Under a Georgia law passed by the Legislature in 2012, abortions are allowed through 20 weeks gestation, or about 22 weeks of pregnancy.
The ACLU sued the state on behalf of the SisterSong Women of Color Reproductive Justice Collective, the Feminist Women’s Health Center, Planned Parenthood Southeast and other abortion rights advocates and providers.
At least 15 states have considered versions of fetal cardiac legislation this year.
Governors in Kentucky, Mississippi and Ohio all have signed similar bills. Federal judges have already issued a preliminary injunction against laws in those states, and similar laws enacted in recent years in Iowa and North Dakota have also been struck down in the courts.
Staci Fox, CEO and president of Planned Parenthood Southeast, called the order a “victory for the people of Georgia and the entire nation.”
“To Governor Kemp, we promised to see you in court, and we did,” Fox said. “But most importantly, to our patients, we promised to protect access to safe, legal abortion and together we have.”