A federal judge did block the bill in 2020, but after this, an appeals court issued an injunction and delayed their final decision until the the ruling was released related to Dobbs v. The bill was held up in court from 2019 to 2022 while the state waited for a decision on Roe. Previously, Georgia had a law on the books that allowed abortions until at least 20 weeks of pregnancy. Governor Brian Kemp signed the LIFE Act into law in 2019, but it did not immediately go into effect due to Roe still being the law of the land. It also allowed for exceptions in cases of rape or incest as long as a police report was filed. Under the bill, 'detectable human heartbeat' means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the heart within the gestational sac and 'unborn child' means a member of the species Homo sapiens at any stage of development who is carried in the womb." The bill did allow exceptions to the six week ban if a woman faces serious harm or death in pregnancy. The bill also expanded the definition of a "natural person" within the state to include "an unborn child with a detectable human heartbeat". At a high level, the Living Infants Fairness and Equality (LIFE) Act prohibits abortive care once "cardiac activity is detectable in an embryo" (typically around that six week mark). The LIFE Act has had a tumultuous journey of becoming law in Georgia. What Happened with the LIFE Act? Before Roe was Overturned This bill was not, however, immediately labeled a "trigger law" for the state. In 2019, Governor Brian Kemp signed the LIFE Act into law, which prohibits most abortions after six weeks of pregnancy. As we now know, the US Supreme Court decided to overturn Roe v. Last year, we took a closer look at abortion "trigger laws" to understand what could happen depending on the outcome of Dobbs v. Where is Georgia with the Overturn of Roe v. This article "The Absurd Pregnancy Math behind the ‘Six-Week’ Abortion Ban" by Michelle Rodrigues on the Scientific American, speaks to how these bans give pregnant people just one week to realistically find out their pregnant and make a decision. Because pregnancy is measured from the first day of a someone's last period (aka when they are 'pre-pregnant' every month) this "six weeks pregnant" is in reality closer to four weeks of actual fetal development because of when ovulation and conception occur in a cycle. These impulses then, after more time, coordinate into rhythmic pulses which many recognize as a "heartbeat".Īnother issue people have with six week bans is how the time period is calculated. Ian Fraser Golding, a pediatric and fetal cardiologist, embryos at six weeks develop a tube that generates sporadic electrical impulses. Many health professionals say labeling this activity a "heartbeat" is misleading. The six week mark is a common trend in abortion legislation as it is believed to be when medical professionals can "detect cardiac activity", simplified by many as a heartbeat. Leading up to the overturn of Roe, we saw many states propose and pass six week abortion bans. Brief Overview A little Context around Six Week Abortion Bans This legislation was proposed by Representative Dar'shun Kendrick this year, after the LIFE Act was made law following a multi-year legal battle in 2022. This year, we don't expect it will be much different! This week, a closer look at Georgia HB1, the Georgia Pro-Birth Accountability Act. Last year, we saw a ton of legislation related to abortion.
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