May 2019 – Article 2:
The 2019 Georgia General Assembly ended up being quite different than we expected.
The intense media and political focus of this session was HB 481, the L.I.F.E. Act (Living Infants Fairness and Equality Act), also known as the Heartbeat Bill. The original version of the bill protected pre-born babies from abortion from the time a heartbeat is detectable, i.e., around 6 weeks gestation.
Georgia Right to Life supported the bill when it was introduced by Representative Ed Setzler (R-Acworth).
Governor Brian Kemp was supportive of a heartbeat bill when he was a candidate, and he also promised he would sign “any pro-life bill that moved the ball down the field,” with or without exceptions, although he expressed personal belief in the sanctity of all pre-born babies.
The bill caused an angry uproar from feminist and pro-abortion groups, individuals, and legislators. Daily the halls of the Capitol were filled with protesters who were against any limitations on abortion. The very hostile atmosphere created by their numbers and their behavior was difficult for everyone. Doctors’ groups worked behind the scenes against the bill, as did some Republican legislators.
Representative Setzler tried to preserve the “clean” no-exceptions bill but he was told there weren’t enough votes to pass the bill, unless exceptions were added. Unfortunately, Representative Setzler allowed exceptions for rape, incest, and medically futile pregnancies in order to move the bill forward and “to save as many babies as possible.” Georgia Right to Life worked to remove the exceptions, but the exceptions remained.
Georgia Right to Life (GRTL) promotes social justice for all pre-born children, not just a select few, and while we support the strong pro-Personhood language included in the bill, it sadly creates a two-tiered framework for determining which children in the womb will be allowed to live and which will not.
GRTL could not support the bill once it only offered protection for some babies with heartbeats, but specifically excluded other babies (with heartbeats) because they were conceived the wrong way or they were predicted to die at or soon after birth.
The bill did pass and Governor Kemp has signed it into law. You can read it here and also see the votes on each step of the process
The following are some good features of the bill. The “findings” attribute personhood to pre-born children, calling them “natural persons” for purposes of having the protections of the 14th Amendment. Women who have abortions by practitioners in violation of the law can sue for damages. Courts can impose child support by fathers of pre-born children. State tax deductions can be taken for children in-utero. While these are good things to add to our legal code, this is the FIRST time a rape/incest exception has been included in ANY Georgia abortion law since Roe vs. Wade.
The ACLU has announced it will sue to prevent the bill from taking effect.
Other pro-life bills that Georgia Right to Life advanced during the 2019 Georgia General Assembly session that did not progress, which could be acted upon in 2020 include:
- The Personhood Amendment to the Georgia Constitution proposes an amendment to the state Constitution which states that this state shall recognize the paramount right to life of all human beings as persons at any stage of development.
- The Abortion Pill Reversal Act: This would have created informed consent for chemical RU 486 abortions that included telling women the process could be interrupted and the baby possibly saved if she changed her mind after taking the first pill.