After the U.S. 11th Circuit Court of Appeals last week upheld Georgia's abortion laws against federal constitutional challenges, suit was filed Monday in a Georgia state trial court challenging Georgia's 6-week abortion ban under Georgia's state constitution. The complaint (full text) in Sistersong Women of Color Reproductive Justice Collective v. State of Georgia, (GA Super. Ct., filed 7/26/2022) alleges in part:
91. Because federal constitutional law clearly prohibited pre-viability abortion bans when the Six-Week Ban was enacted in 2019, the Act is void ab initio and unenforceable....
92. By banning abortion from the earliest weeks of pregnancy and thus forcing pregnancy and childbirth upon countless Georgians, H.B. 481 violates Plaintiffs’ patients’ and members’ rights to: (a) liberty and privacy guaranteed by various provisions of the Georgia Constitution ... and (b) equal protection....
93. By specifically excluding pregnant Georgians experiencing an acute psychiatric emergency from H.B. 481’s “medical emergency” exception, H.B. 481 violates Plaintiffs’ patients’ and members’ rights to: (a) liberty and privacy....
94. By requiring Georgians pregnant as a result of rape/incest to disclose their assault to law enforcement as a condition of ending the pregnancy, H.B. 481 violates Plaintiffs’ patients’ and members’ rights to: (a) liberty and privacy ... and (b) equal protection....
95. By allowing district attorneys to access abortion patients’ personal medical records without due process protections, the Records Access Provision violates Plaintiffs’ patients’ and members’ rights to: (a) liberty and privacy...
ACLU issued a press release announcing the filing of the lawsuit.
