Liberty Counsel filed an amicus brief to the Georgia Supreme Court in Georgia v. SisterSong Women of Color Reproductive Justice Collective where the state is appealing a decision from a lower court judge who ruled for the second time that the state’s six-week “heartbeat” law is unconstitutional. However, Georgia’s “Living Infants Fairness and Equality Act,” or LIFE Act, continues to protect unborn babies with a “detectable human heartbeat” due to Georgia’s High Court halting that judgment until it can make a ruling on the appeal.
In October 2023, Fulton County Superior Court Judge Robert McBurney first ruled that Georgia’s 2019 LIFE Act was invalid because it was enacted under the binding precedent of Roe v. Wade, which had conferred a national right to abortion in the first trimester. Essentially, Judge McBurney determined an unconstitutional law can’t stand even if it becomes constitutional later. The Georgia Supreme Court quickly overruled Judge McBurney 6-1 citing that the U.S. Constitution has a “fixed meaning” and the 2022 Dobbs decision rescinded the “egregiously wrong” Roe decision and is now the controlling precedent.
Georgia’s High Court then sent the case back to Judge McBurney at the trial court level to consider the merits of other legal arguments against the law. In September 2024, Judge McBurney ruled again agreeing with pro-abortion advocates that the LIFE Act violates Due Process and Equal Protection rights by infringing on a person’s privacy and autonomy.
According to the Georgia Attorney General’s appeal brief, the right to privacy is the “right to be let alone” so long as one is not interfering with the rights of other individuals – something the LIFE Act specifically protects.
“Georgia’s elected representatives passed the LIFE Act precisely to protect ‘other individuals,’”––namely ‘unborn children,’ a ‘class of living, distinct individuals,” read the appeal. “Because the General Assembly determined abortion harms another individual, it is not ‘behavior [that] falls within the area protected by the right to privacy.’ It is as simple as that.”
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Liberty Counsel filed the amicus brief on behalf of the Frederick Douglass Foundation and the National Hispanic Christian Leadership Conference that serve members of the African American and Hispanic communities in Georgia and across the United States. These groups have a strong interest in exposing the racist and eugenic history of the abortion movement that has had catastrophic effects on their communities and other vulnerable populations. Therefore, these groups have an interest in defending state laws like Georgia’s LIFE Act that protect vulnerable communities from genocidal social policies.
Liberty Counsel’s amicus brief states, “The abortion movement in the United States has deep ties to eugenics—a pernicious ideology that seeks to eliminate those deemed ‘unfit’ or ‘undesirable.’ Put simply, the eugenicist abortion movement denies the fundamental truth that every human being possesses inherent dignity and worth and instead empowers billion-dollar syndicates like Planned Parenthood and unelected judges to determine which lives are worth living.”
Liberty Counsel notes that the century-old eugenics movement continues today in the abortion industry under the guise of the modern “reproductive justice” and “family planning” movements. Namely, this is accomplished through the distribution of the abortion pill Mifepristone, which is disproportionately used to target Black, Hispanic, and disabled communities.
In the brief, Liberty Counsel explains that the Population Council, founded in 1952 to further advance the eugenics movement, owns the rights to Mifepristone. During the drug’s FDA approval process in 2000, the Population Council transferred the rights to produce and distribute Mifepristone to Danco Laboratories, a “secretive and obscure” entity in the Cayman Islands, in return for undisclosed royalties.” Danco Laboratories then used the Chinese firm Hua Lian Pharmaceutical Co. to manufacture the compounds for the drug. Today, “medication abortions” account for the majority of all abortions in the United States.
Liberty Counsel concluded, “The LIFE Act directly addresses these harms by affirming the equal dignity and value of all human life, rejecting the eugenic ideology embedded in abortion advocacy, and protecting vulnerable populations from targeted eradication. Upholding this law is consistent with Georgia’s constitutional tradition and furthers its compelling interest in safeguarding the rights and lives of its most defenseless citizens—the unborn.”
At least three other states have six-week “heartbeat” laws, such as Florida, Iowa, and South Carolina, which all have been upheld by their respective state supreme court.
Liberty Counsel’s Founder and Chairman Mat Staver said, “Abortion harms women physically and emotionally and kills defenseless children in the womb. Abortion is also a tool of modern-day eugenics rooted in racism to eliminate certain races and people. Georgia’s abortion ban protects countless women and innocent unborn lives. The Georgia Supreme Court can now do the right thing and help make the womb a safe place again for unborn life in Georgia.”
For more information about state laws protecting unborn life, visit Liberty Counsel’s website here.
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