Georgia Abortion Ban Struck Down Because Liberty Includes Having Control Over Our Bodies

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This is a huge deal in the fight for basic human rights after the overturn of Roe allowed states to inflict cruel and deadly abortion bans on women and girls.

Georgia’s 2019 six-week abortion ban that was implemented in 2022 was struck down today by a Fulton County judge, so the abortion ban can no longer be enforced in the Peach state. Clinics can now resume essential care.

Fulton County Superior Judge Robert McBurney ordered that abortions be regulated as they were before, which the Atlanta Journal Constitution writes “meaning the procedure is again allowed up until about 22 weeks of pregnancy.”

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“A review of our higher courts’ interpretations of ‘liberty’ demonstrates 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 health care choices,” McBurney ruled. “That power is not, however, unlimited. When a fetus growing inside a woman reaches viability, when society can assume care and responsibility for that separate life, then — and only then — may society intervene.”

Amnesty International says abortion is a human right and specifically mention liberty, “Rights to liberty and security of person: Protection from arbitrary and unjust detention and unjust state interfere with individuals’ lives, including with regard to decisions around pregnancy and family life. Criminal abortion laws instill fear around seeking an abortion and emergency services for pregnancy-related complications, including those due to miscarriages, due to fear of imprisonment. Criminalization of abortion compels pregnant people to obtain unsafe abortions and violates their rights to security of person and physical integrity.”

The abortion ban in Georgia has already been found responsible for the preventable death, and perhaps even murder, of a young mother. ProPublica notes, “…ProPublica obtained reports that confirm that at least two women have already died after they couldn’t access legal abortions and timely medical care in their state.There are almost certainly others.”

Abortion bans in Texas and other states have similarly failed to protect the health, liberty and privacy of anyone who can get pregnant.

Abortion care is healthcare. Abortion is a human right. It’s a private matter that has nothing to do with the state.

A federal law is necessary to protect pregnant people around this country from the cruelty that comes so often on the heels of self-righteousness, because these people will keep on trying it until they are stopped, even though they are now the murderers that they so callously and ignorantly accuse others of being.

Sarah Jones
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