A judge has blocked a Georgia law, which banned abortion after six weeks of pregnancy as the fetus is already defined as a ‘natural person.
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Signed by Gov. Brian Kemp in May, the law was slated to go into effect in 2020.
After it passed, the law was challenged in court by Planned Parenthood, the American Civil Liberties Union, the Center for Reproductive Rights, and SisterSong Women of Color Reproductive Justice Collective.
The groups said the Georgia law is in violation of Roe v. Wade and unconstitutional, arguing many women are not aware of pregnancy symptoms until after six weeks, by which time they’ve missed two periods.
Federal Judge Steve Jones of the US District Court for the Northern District of Georgia wrote in his order: “Plaintiffs have … shown that, absent a preliminary injunction, they will suffer irreparable harm.
“By banning pre-viability abortions, [the law] violates the constitutional right to privacy, which, in turn, inflicts per se irreparable harm.”
Jones also said that the plaintiffs are likely to succeed in having the Georgia law overturned as blocking it is ‘in the public’s interest’ and that ‘the injury to Plaintiffs outweighs the damage caused to the Defendants.’
The judge also addressed the ‘personhood’ components of the law, saying that it brings up many questions about redefining what a ‘natural person’ is under Georgia law.
“These unanswered questions leave Plaintiffs unclear as to ‘whether and when clinicians could face criminal prosecution’ for providing comprehensive gynecological care, ‘including family planning, abortion, miscarriage management, hormone therapy, and cancer screening and treatment,” Jones added.
Deputy director of the ACLU’s Reproductive Freedom Project, Talcott Camp, said in a statement: “This is a victory for people in Georgia and a reminder that these attacks on abortion access are illegal.
“Abortion is still legal in all 50 states. We won’t stop fighting until we defeat all efforts to block access.”
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Replaced!