On September 30, 2024, Fulton County Superior Court Judge Robert McBurney ruled that Georgia’s Living Infants Fairness and Equality (LIFE) Act —which banned most abortions after about six weeks—violated the state’s constitution. The ruling states that “liberty in Georgia includes in its meaning, in its protections, and in its bundle of rights the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices.” This decision effectively reinstates the previous abortion law.
Before Roe v. Wade was overturned, Georgia law allowed abortions up to 20 weeks of pregnancy. Exceptions were permitted in cases of severe fetal abnormalities or when the pregnancy posed a risk to the mother’s life. After Roe v. Wade was overturned, Georgia enacted one of the nation’s most restrictive abortion laws, banning most abortions once a fetal heartbeat is detected, typically around six weeks of pregnancy—before many women even realize they are pregnant.
This ruling is a hard-won victory for SisterSong Women of Color Reproductive Justice Collective, a nonprofit organization committed to protecting and advancing the reproductive rights of marginalized communities. Since 2019, SisterSong and several other organizations and medical practitioners have fought against the LIFE Act.
However, the battle is not over yet. The state of Georgia has already announced plans to appeal the decision, with the Attorney General’s office asserting that the LIFE Act is constitutional and should remain in effect. The upcoming appeal means the future of abortion rights in Georgia remains uncertain.
SOURCES
https://apnews.com/article/georgia-abortion-law-struck-down-632db7d5de815efa18aea52dadbfc59b
https://reproductiverights.org/georgia-six-week-abortion-ban-unconstitutional