Judge strikes down Georgia’s 6-week abortion ban

A judge on Tuesday struck down Georgia’s six-week abortion ban, ruling it was unconstitutional.

The so-called “heartbeat bill” was signed into law in 2019 by Governor Brian Kemp, but was prevented from coming into effect following legal challenges.

In July, three weeks after the Supreme Court overturned Roe v. Wade, who guaranteed a constitutional right to abortion, a federal appeals court ruled the ban could go into effect.

The law bans abortions once fetal heart activity may be defective, which typically occurs at about six weeks’ gestation – before many women know they are pregnant – and redefines the word “person” as Georgia to include an embryo or fetus at any stage of development.

A small group, including Stephanie Batchelor, left, sits on the steps of the Georgia State Capitol to protest the overthrow of Roe v. Wade on June 26, 2022.

Ben Gray/AP, FILE

Several groups — including the American Civil Liberties Union, the ACLU of Georgia, the Center for Reproductive Rights, the Planned Parenthood Federation of America, and the SisterSong Women of Color Reproductive Justice Collective — have filed a lawsuit arguing that the The ban violates the right to privacy without political inference protected by Georgia’s Constitution.

Fulton County Superior Court Judge Robert McBurney agreed and said it was against the law because the ban was signed before Roe was overturned.

“At that time — in the spring of 2019 — across America, including Georgia, it was unequivocally unconstitutional for governments — federal, state, or local — to ban pre-viability abortions,” McBurney wrote, referring to the original pass. of the 6 week ban.

ABC News’ Cheyenne Haslett and Ben Stein contributed to this report.

ABC News

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