Georgia Six Week Abortion Ban Has Been Overturned But Faces an Uphill Battle

In a victory for women’s rights, a Georgia Superior Court overturned the state’s strict six-week abortion ban.

On Tuesday, Fulton County Superior Court Judge Robert McBurney ruled that women can once again seek abortions up until at least 20 weeks of pregnancy. Georgia’s LIFE Act previously banned the procedure once a heartbeat is detected. This typically occurs around the six-week mark when most women are unaware they are pregnant, thus taking away their right to choose if they want to terminate the pregnancy.

The American Civil Liberties Union of Georgia filed a lawsuit in July on behalf of medical professionals and advocacy organizations statewide that worked tirelessly to have the law overturned. During a two-day trial in October, McBurney heard from physicians who detailed how denying women the procedure had been extremely distressing for both women and medical doctors.

Luckily, McBurney sided with the American Civil Liberties Union of Georgia. Additionally, he ruled that abortions beyond the six-week mark were to resume immediately.

“Today their right to make decisions for their own bodies, health, and families is vindicated,” executive director of the ACLU of Georgia, Andrea Young, stated after the verdict.

Sadly, this latest win is not the end of the abortion battle in Georgia. A spokesperson for Republican Governor Brian Kemp confirmed that the state had already filed an appeal. The bill’s sponsor, Republican Rep. Ed Setzler of the Acworth suburb of Atlanta, is confident that the Georgia Supreme Court will reverse McBurney’s decision and reinstate Georgia’s LIFE Act.

Since Roe v. Wade was overturned earlier this year, many conservative states have enforced stringent abortion laws, often with little or no exceptions.