Cobb Reporter

The ACLU has filed suit in Fulton County arguing that the state’s new law banning abortion at around six weeks of pregnancy is unconstitutional.

Fox5Atlanta reports the national civil liberties organization is joined in its actions by a group of Georgia physicians, reproductive health care providers and advocates.

“This abortion ban sends the disturbing message that Georgia is closed to women seeking equal opportunity and basic rights to make private decisions about their future," ACLU of Georgia Executive Director Andrea Young said in a statement. "Georgia’s economic growth was built on the Atlanta business community’s commitment to diversity and tolerance and this extreme law will have a chilling effect on that growth."

As presently constructed, the law bans most abortions once a "detectable human heartbeat" is present. With certain steps, cardiac activity can be found within an embryo as early as six weeks into a pregnancy, or before many pregnancies are detected.

The Georgia law includes exceptions for rape and incest, as long as a police report is filed. It also allows for later abortions when the mother’s life is at risk or a serious medical condition renders a fetus unviable and includes provisions that change the definition of "natural person," giving a fetus the same legal rights as people have once they’re born.

As part of their challenge, opposing attorneys argue that Georgia's "heartbeat" law signed by Gov. Brian Kemp in 2019 was "void from the start under Georgia judicial precedent" based on its violation of constitutional precedent when it was enacted. The attorneys further stipulate that Georgia's Constitution has "especially strong protection for the fundamental right to privacy," which establishes the basis for the U.S. Supreme Court's previous decision in Roe v. Wade.

The plaintiffs are seeking to have the Superior Court of Fulton County move to instantly block the law while the lawsuit makes its way through the court system.

"It is unfathomable that Georgians and people all over the country are losing the right to control their own bodies, their own futures, and their own medical decisions," said Dr. Evelyn Reynolds, Chair of the Planned Parenthood Southeast Board of Directors. "Georgia already has a severe physician shortage, not to mention some of the worst health outcomes in the nation — particularly for communities of color and people with low incomes. H.B. 481 is not only irresponsible, it’s flat out dangerous. Without relief, millions will be forced to flee the state, carry an unintended or dangerous pregnancy against their will, or seek support outside of the health care system. This law intrudes on the deeply personal and complex conversations that happen between a doctor and patient — we cannot and we will not let this stand."

State records show about 35,000 abortions were performed in Georgia in 2021.