Judge Overturns Georgia's 6-Week Abortion Ban, Calling it 'Plainly Unconstitutional'
- Oops!Something went wrong.Please try again later.
Protestors fight for the right for abortions
A Georgia judge has overturned the state's six-week abortion ban.
Fulton County Superior Court Judge Robert McBurney ruled Tuesday that two parts of the abortion ban were "plainly unconstitutional when drafted, voted upon, and enacted."
Georgia's "heartbeat bill" was signed into law in 2019 by Gov. Brian Kemp and went into effect this summer following the Supreme Court's overturn of Roe v. Wade. The law prohibits abortions once a "detectable human heartbeat" is present, at about six weeks — before many women even know they are pregnant.
McBurney argued the law violated a pregnant woman's rights under the state constitution.
"Everywhere in America, including Georgia, it was unequivocally unconstitutional for governments — federal, state, or local — to ban abortions before viability," he wrote.
RELATED: Michigan Judge Temporarily Blocks State's Dormant 1931 Law Banning Abortions
Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from juicy celebrity news to compelling human interest stories.
Tuesday's ruling, however, leaves the door open for the state to revisit the abortion ban.
Kara Richardson, a spokeswoman for Georgia's attorney general, told Axios that the state will "pursue an immediate appeal and will continue to fulfill our duty to defend the laws of our state in court."
For now, Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, celebrated the ruling and assured more work will be done moving forward.
"After a long road, we are finally able to celebrate the end of an extreme abortion ban in our state," said Simpson, per Axios. "While we applaud the end of a ban steeped in white supremacy, it should not have existed in the first place. Now, it's time to move forward with a vision for Georgia that establishes full bodily autonomy and liberation for our communities."
