Roe v Wade 41st Anniversary

January 22nd marks the 41st anniversary of Roe v. Wade, the landmark U.S. Supreme Court decision that guaranteed reproductive freedom for all women and enhanced the privacy protections of all Americans. While it is unfortunate that reproductive freedom is still under attack 40 years later, we would like you to know that the ACLU and the ACLU of Georgia remain vigilant in our support of reproductive freedom and respect for the personal autonomy of all women.

In the courts...

In 2012, the ACLU of Georgia and the ACLU Reproductive Freedom Project filed a lawsuit against the State of Georgia, seeking to prevent the State from implementing a 20-week abortion ban. In December 2012, the Fulton County Superior Court issued an injunction against the law as it applies to pre-viable abortion care and the injunction remains in effect today. By bringing this suit, we prevented this anti-choice law from infringing upon the rights that Georgia women are guaranteed underRoeand we are confident that the Georgia courts will find this law unconstitutional.

Abortion Fight Is Unique To Georgia

photo by Rebecca Breyer
Daily Report
May 31, 2013
By Kathleen Baydala Joyner

Opponents of Georgia's ban on most abortions after 20 weeks since fertilization have found comfort—but not strategy—in a federal appeals court's recent ruling against a similar law in Arizona.

Rather than relying on the federal principles that felled Arizona's law, the Georgia plaintiffs argue that the state constitution's right to privacy protects a right to abortion. If it's successful, the challenge could etch a constitutional right to abortion in Georgia that would stand even if the U.S. Supreme Court ever overturns Roe v. Wade.

State Court Temporarily Halts Georgia Abortion Ban

State Court Temporarily Halts Georgia Abortion Ban

The Superior Court of Fulton County last Friday temporarily suspended a Georgia law banning pre-viability abortions. The law would have criminalized virtually all abortions starting at 20 weeks of pregnancy, with only an extremely narrow exception for the woman's health.

The American Civil Liberties Union and the ACLU of Georgia challenged the law on behalf of three Georgia obstetrician-gynecologists whose patients include women in need of this essential medical care.

“This law places women in harm’s way by depriving them of the right to make their own serious medical decisions,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project. “Politicians should not place ideology over a woman's health."

Although very few abortions occur after 20 weeks, a woman who has an abortion at this point does so for a variety of reasons, including the fact that continuing the pregnancy poses a threat to her health, that the fetus has been diagnosed with a medical condition or anomaly, or that the pregnancy has failed, and miscarriage is inevitable.

“We’re glad that this dangerous, overreaching law has been put on hold,” said Chad Brock, staff attorney with the ACLU of Georgia. “If our elected officials want to help women, they should be passing laws that increase their access to vital health services – not putting them in jeopardy by denying them critical care.”

For more information on this case, please visit: www.aclu.org/reproductive-freedom-womens-rights/lathrop-et-al-v-deal-et-al

Lathrop, et al. v. Deal, et al. - Complaint

Lathrop, et al. v. Deal, et al. - Motion for Injunctive Relief

Lathrop, et al. v. Deal, et al. - Brief in Support of Motion for Injunctive Relief

Lathrop, et al. v. Deal, et al. - Preliminarty Injunction

State Court Temporarily Halts Georgia Abortion Ban

State Court Temporarily Halts Georgia Abortion Ban

The Superior Court of Fulton County last Friday temporarily suspended a Georgia law banning pre-viability abortions. The law would have criminalized virtually all abortions starting at 20 weeks of pregnancy, with only an extremely narrow exception for the woman's health.

The American Civil Liberties Union and the ACLU of Georgia challenged the law on behalf of three Georgia obstetrician-gynecologists whose patients include women in need of this essential medical care.

“This law places women in harm’s way by depriving them of the right to make their own serious medical decisions,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project. “Politicians should not place ideology over a woman's health."

Although very few abortions occur after 20 weeks, a woman who has an abortion at this point does so for a variety of reasons, including the fact that continuing the pregnancy poses a threat to her health, that the fetus has been diagnosed with a medical condition or anomaly, or that the pregnancy has failed, and miscarriage is inevitable.

“We’re glad that this dangerous, overreaching law has been put on hold,” said Chad Brock, staff attorney with the ACLU of Georgia. “If our elected officials want to help women, they should be passing laws that increase their access to vital health services – not putting them in jeopardy by denying them critical care.”

For more information on this case, please visit: www.aclu.org/reproductive-freedom-womens-rights/lathrop-et-al-v-deal-et-al

Legal Docs
Lathrop, et al. v. Deal, et al. - Complaint

Lathrop, et al. v. Deal, et al. - Motion for Injunctive Relief

Lathrop, et al. v. Deal, et al. - Brief for Support of Motion for Injunctive Relief

Lathrip, et al. v. Deal, et al. - Preliminary Injunction