ATLANTA — Reactions are pouring in after a Fulton County Superior Court Judge ruled on Monday to overturn Georgia's heartbeat law.
This comes after plaintiffs, Sistersong Women of Color Reproductive Justice Collective and its members, sought a permanent injunction to prohibit the state's "Living Infants Fairness and Equality Act," or LIFE Act, from being enforced and to determine it to be unconstitutional.
The law was first passed in April 2019. One part of the law criminalized abortions after the embryo had a detectable human heartbeat. This is typically around six weeks. Georgia's law did not go into effect until Roe V. Wade was overturned in 2022. Once the law was set to go into effect, Fulton County Superior Court Judge Robert McBurney made his first ruling that the state's ban violated the U.S. Constitution and U.S. Supreme Court precedent, according to previous reporting by 11Alive. The ruling was then applied statewide.
This was then appealed, and the Georgia Supreme Court reversed McBurney's decision in an October 2023 ruling. It was sent back down to the trial court.
In his Monday ruling, Judge Robert McBurney decided for the second time that the law is unconstitutional and said that the state or any local authority is once again enjoined from seeking to enforce the abortion ban in Georgia.
"Women are not some piece of collectively owned community property the disposition of which is decided by majority vote," Judge McBurney wrote. "Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy, even taking into consideration whatever bundle of rights the not-yet-viable fetus may have."
Meanwhile, the Georgia Attorney General's Office said in a statement to 11Alive that they believe the law is constitutional and will appeal this decision. Once it's appealed, it would be up to Georgia's Supreme Court again and that court has previously reversed McBurney's last decision.
“We believe Georgia’s LIFE Act is fully constitutional, and we will immediately appeal the lower court’s decision," a spokesperson with the Attorney General's Office said.
State Sen. Nan Orrock said during a press conference on Monday evening that McBurney's decision should be applauded but that it is not by any means a finished conversation in Georgia.
"We look forward to this conversation going forward and to standing up for the rights of people to determine their outcomes of their pregnancies in a complexity of conditions and situations. Consulting with their doctors and their families," Orrock said. "Keeping the lawmakers out of the bedroom and out of the doctor's office and out of the surgical suites."
Georgia State Rep. Kim Schofield said that the state heard the "will of the people" through this court decision. She also brought up a ProPublica report that said at least two women died after they couldn't access legal abortions and timely medical care in Georgia.
"To all Georgian women, moms, daughters, husbands and the supporters who stand with us, this is your fight too," Schofield stated. "We will no longer allow the decisions to be made about our bodies without our input."
Schofield added that this was a step in a further fight, and they will continue in this progress.
"This is the hour for the women to stand up and use our voice," Schofield stated.
State Rep. Sandra Scott said the discussion about abortion is deeply polarized and said the conversations will likely continue as both sides continue to advocate for their beliefs.
"Keep your hands off our body," Scott said. "Let we, the women, make our own choice."
State Rep. Park Cannon said she was shocked. She added they came to the Capitol with excitement and a call to action.
"If you are a Georgian who has been turned away from access to abortion care, you need to speak with your legislators overnight," Cannon said. "It is possible that there will be swift action from the other side to change this access to abortion, so we want to be here with you in real-time to remind you this is the moment to speak up about the need for the rights of Georgians as it relates to reproductive justice."
Below are some other reactions to the judge's decision:
Georgia Gov. Brian Kemp's Office
“Once again, the will of Georgians and their representatives have been overruled by the personal beliefs of one judge," the statement read. "Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn.”
Reproductive Freedom for All President and CEO Mini Timmaraju:
“This decision is a crucial victory for reproductive freedom. Georgia’s ban is one of the most extreme in the country, and it caused the senseless and preventable deaths of Amber Nicole Thurman and Candi Miller. While we are happy to see this ban blocked, our work isn’t over. It’s essential that we elect Kamala Harris to restore federal protections for abortion nationwide so that bans like Georgia's never have the chance to harm our communities again.”
Andrea Young, executive director, ACLU of Georgia:
“We are grateful for today’s decision, which restores the rights of Georgia’s women to make decisions about their healthcare and their families without dangerous interference by the government. As the court recognized, our State Constitution does not permit the government to force the women of Georgia to carry pregnancies to term against their wishes and against their doctors’ advice. This is a just and a wise decision, and we urge the Governor not to fight it.”
Statement from Monica Simpson, executive director, SisterSong Women of Color Reproductive Justice Collective:
“Today’s win was hard-fought and is a significant step in the right direction towards achieving Reproductive Justice in Georgia. We are encouraged that a Georgia court has ruled for bodily autonomy. At the same time, we can’t forget that every day the ban has been in place has been a day too long—and we have felt the dire consequences with the devastating and preventable deaths of Amber Nicole Thurman and Candi Miller. For years, Black women have sounded the alarm that abortion bans are deadly. While true justice would mean Amber and Candi were still with us today, we will continue to demand accountability to ensure that their lives—and the lives of others who we have yet to learn of—were not lost in vain. Black women have remained at the forefront of the battle for our reproductive freedom and today’s victory is historic, powerful, and just the beginning. We know that the fight continues as anti-abortion white supremacists will stop at nothing to control our bodies and attack our liberation. We are ready for them and will never back down until we achieve Reproductive Justice: the human right to maintain personal bodily autonomy, the human right to have children, or not, and raise them in safe and sustainable communities.”