Is Georgia’s “Heart Beat” Bill Legal

eorgia Governor Brian Kemp just signed one of the most restrictive anti-abortion laws in the country, banning the procedure after a fetal heartbeat is detected. But the move is already facing legal challenges as advocacy groups argue that the legislation is unconstitutional.

The state’s Living Infants Fairness and Equality (LIFE) Act, also known as the “Heartbeat Bill,” was passed on party lines by Georgia lawmakers in late March and was signed by newly elected Republican Governor Kemp on Tuesday.

The law prohibits abortion after the detection of a fetal heartbeat, which can happen as early as six weeks into pregnancy—before many women are even aware they are pregnant. Before the LIFE Act was signed on Tuesday, women in Georgia could seek an abortion during the first 20 weeks of a pregnancy.

The measure does makes exceptions in the case of rape and incest, but only if the woman files a police report before seeking an abortion. Exceptions are also made if the mother’s life is at risk and when a fetus is determined not to be viable due to serious medical issues.


Under the new law, different murder charges apply to women who terminate their pregnancies in different ways. A woman who self-terminates — something that wasn’t punishable under a previous Georgia law — will have technically 
committed murder and could be imprisoned for life or face the death penalty. Those who get an abortion via a health care provider could be found guilty of being a party to murder, punishable by life in prison.
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Multiple pro-choice advocacy groups are already gearing up to challenge the law in court. Planned Parenthood, the American Civil Liberties Union and the Center for Reproductive Rights say that they will be suing the state of Georgia over the LIFE Act.

“This bill is part of an orchestrated national agenda to push abortion care out of reach and we won’t stand for it. Governor Kemp, we will see you in court,” Talcott Camp, deputy director of the ACLU Reproductive Freedom Project, said in a statement after Kemp signed the bill into law.

Elisabeth Smith, a chief counsel at the Center for Reproductive Rights, also released a statement in which she argued that the anti-abortion law is “baffingly unconstitutional.”

“Bans like this have always been blocked by courts. We will be suing Georgia to make sure this law has the same fate,” Smith added.

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