The headline in yesterday’s Atlanta Journal-Constitution blared “JUDGE STOPS ABORTION BAN” in Georgia. But that headline, and this story line parroted by other media outlets, is misleading. Actually, a Fulton County Superior Judge enjoined the two sections of Georgia’s Heartbeat Bill dealing with abortion restrictions.
The key word to remember is “enjoined.” Georgia’s so-called “heartbeat” abortion law was not overturned. It was partially enjoined, which means the remainder of the law continues to be in effect.
Fulton County Superior Court Judge Robert McBurney ruled that those portions of the law never actually became law because they were unconstitutional at the time they were signed into law — before the Supreme Court in 1973 overturned Roe v. Wade. As such, the judge thinks that Georgia cannot enforce those sections of the law. So abortions will now temporarily be legal in Georgia until 22 weeks.
A Georgia Life Alliance (GLA) media release emphasizes that “this means the sections of the law recognizing personhood for preborn babies, providing a dependent tax exemption for preborn babies, allowing women to seek child support for a preborn baby, and requiring an abortion doctor to tell a pregnant woman that her baby has a heartbeat prior to abortion all remain in effect.”
Furthermore, Attorney General Chris Carr, who won re-election last week, promptly appealed McBurney’s decision to the Georgia Appeals Court. “We expect this process to further delay the implementation of the Heartbeat Bill,” the GLA says, “but we believe it will ultimately be upheld.” GLA also says the judge’s decision “is actually a massive victory for the pro-life cause because he refused to enjoin the critical provisions of our law that recognize personhood for babies in the womb.
Note to the Atlanta Journal-Constitution: The personhood portions of the law fall outside the scope of appeal. So, interestingly, Georgia remains the only state in the nation to grant personhood status to babies at the moment of fertilization.
