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The Right of Women in Georgia to Choose Their Own Path
On Tuesday, November 15, 2022, Fulton County Superior Court Judge Robert McBurney overturned Georgia’s six-week ban on abortion in the trial of SisterSong Women of Color Reproductive Justice Collective et al., vs. the State of Georgia (SisterSong trial). This decision upholds the right of women in Georgia to choose their own path, whether it be to give birth to a child or to terminate a pregnancy.
According to Judge McBurney's order, women in Georgia now have the immediate right to an abortion within 22 weeks of pregnancy, in accordance with the law enacted by the U.S. Supreme Court in the landmark case of Roe vs. Wade in 1973.
In 2019, Governor Brian Kemp signed into law Georgia’s Heartbeat Bill, which prohibits a woman from obtaining an abortion and prohibits a doctor from performing an abortion after six weeks of gestation. While the law did not immediately take effect in 2019, Georgia lawmakers hoped that the conservative-leaning U.S. Supreme Court would eventually overturn Roe vs. Wade.
In June of 2022, the U.S. Supreme Court did just that in the case of Dobbs vs. Jackson Women’s Health Organization, stating that the right to an abortion lies within the power of the state. As a result, Georgia began enforcing its six-week abortion ban in July of 2022.
However, Judge McBurney, who presided over the SisterSong trial, declared on Tuesday that it was improper for the Georgia legislature to enact the six-week ban on abortion, as it was contrary to the law of the land (Roe v. Wade) at the time of its enactment. In other words, the Georgia legislature exceeded its authority by trying to enact a law that was inconsistent with federal law.
This decision by Judge McBurney is crucial for the reproductive justice movement, as it affirms women's right to an abortion and the right to make important decisions about their own bodies. SisterLove, which wrote a friend of the court brief in support of SisterSong’s lawsuit, applauds the decision to overturn Georgia’s abortion ban.
However, it is important to note that the Georgia General Assembly may introduce a bill to ban abortion this winter in response to this decision. To challenge this potential bill, it is crucial for citizens to contact their state legislators by telephone, email, or in person and voice the importance of a woman’s right to choose. It is also important to attend town halls, rallies at the state capitol, county commission meetings, and city council meetings to discourage the enforcement of any abortion ban.
To find out the names of your elected officials, visit www.openstates.org.
