On Tuesday, Georgia Republican Gov. Brian Kemp signed a “fetal heartbeat” bill that seeks to outlaw abortion after about six weeks. The measure, HB 481, is the most extreme abortion ban in the country—not just because it would impose severe limitations on women’s reproductive rights, but also because it would subject women who get illegal abortions to life imprisonment and the death penalty. The primary purpose of HB 481 is to prohibit doctors from terminating any pregnancy after they can detect “embryonic or fetal cardiac activity,” which typically occurs at six weeks’ gestation. But the bill does far more than that. In one sweeping provision, it declares that “unborn children are a class of living, distinct person” that deserves “full legal recognition.” Thus, Georgia law must “recognize unborn children as natural persons”—not just for the purposes of abortion, but as a legal rule. Advertisement Advertisement Advertisement This radical revision of Georgia law is quite deliberate: The bill confirms that fetuses “shall be included in population based determinations” from now on, because they are legally humans, and residents of the state. But it is not clear whether the bill’s drafters contemplated the more dramatic consequences of granting legal personhood to fetuses. For instance, as Georgia appellate attorney Andrew Fleischman has pointed out, the moment this bill takes effect on Jan. 1, 2020, the state will be illegally holding thousands of citizens in jail without bond. That’s because, under HB 481, pregnant inmates’ fetuses have independent rights—including the right to due process. Can a juvenile attorney represent an inmate’s fetus and demand its release? If not, why? It is an egregious due process violation to punish one human for the crimes of another. If an inmate’s fetus is a human, how can Georgia lawfully detain it for a crime it did not commit? Advertisement But the most startling effect of HB 481 may be its criminalization of women who seek out unlawful abortions or terminate their own pregnancies. An earlier Georgia law imposing criminal penalties for illegal abortions does not apply to women who self-terminate; the new measure, by contrast, conspicuously lacks such a limitation. It can, and would, be used to prosecute women. Misoprostol, a drug that treats stomach ulcers but also induces abortions, is extremely easy to obtain on the internet, and American women routinely use it to self-terminate. It is highly effective in the first 10 weeks of pregnancy. Anti-abortion advocates generally insist that they do not want to punish women who undergo abortions. But HB 481 does exactly that. Once it takes effect, a woman who self-terminates will have, as a matter of law, killed a human—thereby committing murder. The penalty for that crime in Georgia is life imprisonment or capital punishment. Advertisement It is entirely possible that Georgia prosecutors armed with this new statute will bring charges against women. HB 481 would also have consequences for women who get abortions from doctors or miscarry. A woman who seeks out an illegal abortion from a health care provider would be a party to murder, subject to life in prison. And a woman who miscarries because of her own conduct—say, using drugs while pregnant—would be liable for second-degree murder, punishable by 10 to 30 years’ imprisonment. Prosecutors may interrogate women who miscarry to determine whether they can be held responsible; if they find evidence of culpability, they may charge, detain, and try these women for the death of their fetuses. Even women who seek lawful abortions out of state may not escape punishment. If a Georgia resident plans to travel elsewhere to obtain an abortion, she may be charged with conspiracy to commit murder, punishable by 10 years’ imprisonment. An individual who helps a woman plan her trip to get an out-of-state abortion, or transports her to the clinic, may also be charged with conspiracy. These individuals, after all, are “conspiring” to end of the life of a “person” with “full legal recognition” under Georgia law. Advertisement It is entirely possible that Georgia prosecutors armed with this new statute will bring charges against women who terminate their pregnancies illegally. In 2015, a Georgia prosecutor charged Kenlissia Jones with murder after she self-terminated; he only dropped the charges after concluding that “criminal prosecution of a pregnant woman for her own actions against her unborn child does not seem permitted.” Starting in 2020, however, Georgia law will permit precisely this kind of prosecution. There is no reason to doubt that history will repeat itself, and more prosecutors will charge women who undergo abortions with murder. For now, Supreme Court precedent protecting women’s reproductive rights should bar such prosecutions—and indeed, require the invalidation of HB 481. But the court’s conservative majority may be on the verge of dismantling Roe v. Wade. If that happens, Georgia and other conservative states will be free to outlaw abortion, and to imprison women who self-terminate. HB 481 is further proof that once Roe is gone, it won’t just be abortion providers who risk legal jeopardy: Women will be punished, too.<doc-sep>May 7, 2019; Slate Five days ago, we published a story about Alabama’s new anti-abortion bill, which would incarcerate doctors who perform abortions at any stage of pregnancy for up to 99 years. Yesterday in Georgia, a bill was signed into law that would impose a life sentence—or even the death penalty—for women who elect to abort after a fetal heartbeat is detectable. Even if a woman goes out of state to avail herself of the procedure, she could be charged with conspiracy to murder, along with whoever has transported her. HB 481 declares that “unborn children are a class of living, distinct person” that deserves “full legal recognition.” Thus, Georgia law must “recognize unborn children as natural persons”—not just for the purposes of abortion, but as a legal rule. A woman who miscarries because of her own conduct—say, using drugs while pregnant—would be liable for second-degree murder, punishable by 10 to 30 years’ imprisonment. Prosecutors may interrogate women who miscarry to determine whether they can be held responsible; if they find evidence of culpability, they may charge, detain, and try these women for the death of their fetuses. Although this is definitely one of those state laws written expressly to get a Roe v. Wade challenge in front of the now-conservative-majority Supreme Court, it is also a prosecution that would not be foreign to the state. Even before the law was passed, a prosecutor in Georgia charged one woman with murder after she improperly used an abortion pill in an attempt to end her pregnancy. The case was dropped once the prosecutor found it legally impermissible; starting next year, no barriers stand against such a prosecution. The Medical Association of Georgia and the Georgia Academy of Family Physicians opposed the legislation, and the ACLU of Georgia said they would challenge the bill as “unconstitutional.” Heartbeat bills have already become law in Mississippi and Kentucky. Other states considering such legislation include Tennessee, Florida, South Carolina, and Ohio.—Ruth McCambridge<doc-sep>The rape and incest exceptions are perverse. If an early developing embryo is fully human, as the state asserts, why isn’t an individual produced by a crime entitled to the same protections as anyone else? And will a woman be required to prove beyond a reasonable doubt that she was raped, perhaps in a criminal long trial, before being permitted to abort, or is an accusation of violation sufficient grounds to allow the procedure to go forward?<doc-sep>Georgia's new abortion bill could have some stunning prison-time consequences for women who terminate a pregnancy. Georgia Gov. Brian Kemp (R) signed a "heartbeat bill" into law on Tuesday, effectively outlawing most abortions after a doctor is able to detect a fetal heartbeat, which typically occurs around six weeks. While it does include some exceptions for rape, incest, or a mother's health, it also makes women liable for murder charges if they have an abortion — and could land them in prison for life, explains Slate's Mark Joseph Stern Under the new law, different murder charges apply to women who terminate their pregnancies in different ways. A woman who self-terminates — something that wasn't punishable under a previous Georgia law — will have technically committed murder and could be imprisoned for life or face the death penalty. Those who get an abortion via a health care provider could be found guilty of being a party to murder, punishable by life in prison. Meanwhile, women who get legal abortions in other states, or any people who help a woman coordinate an abortion, could see a charge of conspiracy to commit murder and be imprisoned for up to 10 years. Even "a woman who miscarries because of her own conduct — say, using drugs while pregnant," could be charged with second-degree murder and face 10 to 30 years in prison, Stern explains. As several pro-choice lawmakers and advocates pointed out, the law also neglects the fact that women might not even know they're pregnant at six weeks. That's essentially a two-week-late period, and as anyone who gets a period knows, irregularity doesn't necessarily mean pregnancy.<doc-sep>
American Taliban: Christian theocrats in Georgia have successfully criminalized abortion. Women who abort now face life in prison or even the death penalty after Governor Brian Kemp signed controversial legislation into law that effectively bans abortion in the state. NPR reports: Georgia Gov. Brian Kemp signed controversial legislation Tuesday that bans abortions in the state as soon as a heartbeat is detectable, which typically occurs about six weeks into a pregnancy — before many women know they’re pregnant. The Atlanta Journal-Constitution reports: Supporters filled a ceremonial room in Kemp’s office and applauded House Bill 481, which outlaws most abortions once a doctor can detect a fetus’ “heartbeat” — usually about six weeks into a pregnancy and before many women know they’re pregnant. Signing the legislation Governor Kemp said: All life has value, all life matters and all life is worthy of protection. I’m signing this bill to ensure all Georgians have the opportunity to live, grow, learn and prosper in the great state of Georgia. Commenting on the new law, ACLU of Georgia Executive Director Andrea Young said: This bill has big government criminalizing the most intimate decision women and couples make and flies in the face of 50 years of U.S. Supreme Court precedent. We will see Governor Kemp in court. Speaking with Fox & Friends, Republican state Rep. Ginny Ehrhart, who co-sponsored the legislation, said it was “a historic day for Georgia families,” noting that the new law “establishes personhood at the point that that human heartbeat is detected.” Writing for Slate, Mark Joseph Stern notes the draconian consequences of recognizing the fetus as a person: Once it takes effect, a woman who self-terminates will have, as a matter of law, killed a human—thereby committing murder. The penalty for that crime in Georgia is life imprisonment or capital punishment. Stern continues: HB 481 would also have consequences for women who get abortions from doctors or miscarry. A woman who seeks out an illegal abortion from a health care provider would be a party to murder, subject to life in prison. And a woman who miscarries because of her own conduct—say, using drugs while pregnant—would be liable for second-degree murder, punishable by 10 to 30 years’ imprisonment. Prosecutors may interrogate women who miscarry to determine whether they can be held responsible; if they find evidence of culpability, they may charge, detain, and try these women for the death of their fetuses. Even women who seek lawful abortions out of state may not escape punishment. If a Georgia resident plans to travel elsewhere to obtain an abortion, she may be charged with conspiracy to commit murder, punishable by 10 years’ imprisonment. That’s right: Life in prison or even the death penalty for responsible family planning. Can you feel the Christian love? Georgia is not alone in trying to criminalize abortion and punish women for their health care decisions. In Alabama, lawmakers plan to criminalize all abortion in the state and severely punish any woman who has an abortion with up to 99 years in prison. And in Texas legislation is being considered that would punish a woman who has an abortion with the death penalty. Bottom line: Women who abort in Georgia face life in prison or even the death penalty after Georgia Governor Brian Kemp signs into law draconian legislation that criminalizes abortion in the state.