What Will Overturning Roe v. Wade Mean for Women in Georgia?
Should Roe v. Wade be overturned, many states will have immediate bans and strict restrictions on their abortion laws. Some states will even go as far as to prohibit it completely. In Georgia, this means the Heartbeat Law will go into effect soon after the overturning. However, some people fear that if the 1973 landmark case is overturned, Georgia may place an outright ban on abortion in its entirety.
Currently, the Heartbeat Law is being held in the 11th Circuit Court of Appeals. This law proposes the prevention of abortions as soon as a heartbeat can be detected from the fetus. This can be as early as six weeks of pregnancy which is often before many people are aware they are pregnant.
In 2019, the Georgia legislature passed the ban on abortions by two votes in the Georgia House of Representatives. The ACLU of Georgia then sued, taking it down in 2020 in federal court. This was appealed to the 11th Circuit Court of Appeals, which heard arguments about the law in September of 2021. The Appeals Court put the Heartbeat Law on hold as it waited for a Supreme Court decision on Dobbs v. Jackson Women’s Health Organization. If Roe v. Wade is overturned, that puts the temporary block on the ban in danger. As it isn’t a trigger law, a law that immediately would go into effect only if Roe v. Wade is overturned, this law would continue to be suspended even after Roe v. Wade is overturned. However, the 11th Circuit Court of Appeals is likely to quickly rule in favor of the law after the precedent has been set by the Supreme Court overturning. If this happens, the law will be passed immediately, as Governor Brian Kemp already signed it back in 2019. The Heartbeat Law would then become the abortion standard law in all of Georgia.
The law was sponsored at its origin by Representative Ed Setzler, R-Acworth. According to CBS46, Setzler claims that the bill, while also preventing abortions, gives unborn children safety and full rights. He also cited that under this bill, pregnant moms can get child support from fathers and parents can get tax exemptions as if they already have the child. He has also said that he thinks “we can be proud that that would go into effect relatively shortly after across our state,” referring to the overturning of Roe. On the other side of the debate, Sunsara Taylor, a spokesperson for the Rise Up 4 Abortion Rights pro-choice group, asked, “Are you going to sit back as the rights of women and girls to control their lives, their bodies, and their destinies by a fascist majority on the Court? Or are you going to raise your voice and raise hell and get in the streets and fight with all we’ve got to stop this from happening?” With her, many democrats are being quick to show their support in abortion rights before the upcoming elections. Georgia Senator Rafael Warnock has added his opinion, saying he’ll “always fight to protect a woman’s right to choose.”
Should Roe v. Wade be overturned, and the Heartbeat Law officially passed, it is possible that Governor Kemp could call the Georgia General Assembly to meet and create even stricter abortion laws. Georgia, however, is one of the few states that has not yet commented on enforcing an outright ban on abortion in the state. Many wonder if there would be a required exception on abortion laws for cases where rape, incest, and danger are apparent. Anthony Michael Kreis, a law professor at Georgia State University, has voiced fears to 11Alive about these possible exceptions, especially about the lack of knowledge about any exceptions. With this, it is possible that Georgia legislators will not allow any exceptions and ban abortion as a whole. Kemp could leave it up to future legislation and call a special session, he will also, almost absolutely, receive calls from state Republicans to call the special session and push for an outlaw on abortion instead.
Where does the political debate stand for Georgia?
The issue is majorly politicized in Georgia, with Democrats and Republicans leaning in entirely opposite directions. Georgia State University pro-choice students have voiced their opinions on the debate in an interview with 11Alive. Satara Chubb asked, “Why would they overturn Roe v. Wade and not give women complete control over their bodies,” after learning of the draft leak. “I feel like the woman should have the final say so with her body, just because it’s a process that the woman goes through for nine months,” Zalika Stradford continued. Another student, Tanjanae Walker, said, “You cannot ban abortion. You can only ban safe abortion.” However, pro-life Republicans have passed their anti-abortion bills on party-line votes. Donald Trump, the former president, appointed three conservatives to the Supreme Court, making other Republicans hopeful at their chance for change. Ed Setzler, writer of Georgia’s Heartbeat Bill, has stated, “I think after five decades of this ugliness, this brutality, this coarsening of our culture, I think folks realize its time for (Roe) to be on the scrapheap of legal history, and the court seems to be on the brink of doing that.” He seems to believe that Roe v. Wade will end up the same as 19th-century court decisions like the Dred Scott case, legalizing slavery, and Plessy v. Ferguson, upholding “separate but equal.” Setzler continues, arguing, “Fifty years of the brutality of Roe v. Wade that literally allowed (fetal) children to be thrown away with medical waste,” as well as calling it “sickening” to allow this. The main question to be asked is whether or not these lawmakers will use this change to tighten state laws and take away the right to abortion.
Are there any choices for women should this happen?
The Brigid Alliance arranges and funds long-distance travel to people all over the country who need later abortion support (after the first trimester), as well as providing other needs related to it. They have stated that they don’t believe that traveling costs and logistics should inhibit choice. They work with abortion funds, specialized clinics, and partner organizations across the country to provide abortion services when barriers arise. The nonprofit was born in 2018 and is supported by grants and individual donors. Should more restrictions arise in the future, they will comply with state laws where they operate. They have clinics located in Colorado, New Jersey, New Mexico, and Washington, D.C., as well as four locations across New York. On their website, they also share other possibly helpful links to use if you are seeking help.
Many of the only options that will be available after Roe v. Wade is overturned will involve travel which is incredibly hard for a lot of people, organizations like this are some of the only ways that some people can receive care. However, it is incredibly important that everyone seeking an abortion receive safe care and support and so it is best to find an organization that can help if needed.
By Samantha Weiner