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Georgia abortion law: Judge temporarily blocks heartbeat bill, one of most restrictive laws in US

Local ACLU director celebrates decision, saying 'politicians have no business telling women or couples when to start or expand a family'

Chris Riotta
New York
Tuesday 01 October 2019 22:07 BST
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Abortion laws: In which states is it illegal?

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A federal judge in Georgia has temporarily blocked a controversial new law dubbed the "heartbeat bill," considered one of the most restrictive in regards to women’s reproductive rights across the country.

The law, signed in May by Republican Governor Brian Kemp, would ban abortions once a fetal heartbeat is detected, which can happen as early as six weeks into a pregnancy, before many women realise they're expecting.

It would allow for limited exceptions, and had been scheduled to become enforceable on 1 January.

Lawyers with the American Civil Liberties Union, Planned Parenthood and the Centre for Reproductive Rights in June filed a constitutional challenge to the law on behalf of Georgia abortion providers and an advocacy group.

US District Judge Steve Jones wrote in an order on Tuesday that the current laws governing abortion in the state shall remain in effect for the time being.

"Today is a tremendous victory for the women of Georgia and for the Constitution," ACLU of Georgia legal director Sean Young said in a statement. "Politicians have no business telling women or couples when to start or expand a family. This case has always been about one thing: Letting her decide."

The law would provide exceptions in the case of rape and incest, as long as the woman files a police report first.

It would also allow for abortions when the life of the woman is at risk or when a foetus is determined not to be viable because of a serious medical condition.

Additionally, it would declare an embryo or foetus a "natural person" once cardiac activity can be detected, claiming that is the point where "the full value of a child begins."

That would make the foetus a dependent minor for tax purposes and trigger child support obligations.

The so-called heartbeat law is one of a wave of laws passed recently by Republican-controlled legislatures in an attack on the US Supreme Court's 1973 Roe v. Wade ruling that legalised abortion nationwide.

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None of the bans have taken effect. Some have already been blocked, and elsewhere courts are considering requests to put them on hold while legal challenges play out.

Additional reporting by AP

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