Georgia Supreme Court dismisses challenge to law banning abortions after 20 weeks

The Georgia Supreme Court has dismissed a lawsuit that challenged a legislation that bans abortion in the state after 20 weeks.

On Monday, the state's highest court rejected a lawsuit filed by the American Civil Liberties Union (ACLU) against a 2012 law that bans doctors from performing abortions 20 weeks into pregnancy, except in cases when a fetus has a severe defect that it is unlikely to live. The Associated Press reported that it also makes an exception to protect the life or health of the mother, but not for cases of rape or incest.

The lawsuit, filed against Gov. Nathan Deal and other state officials in their official capacities, argued that the legislation violates privacy protections guaranteed in the state Constitution. It noted that the exceptions to the ban are too narrow and that doctors could face imprisonment even when treating patients "in accordance to the best medical judgment."

In a unanimous opinion, Georgia Supreme Court Justice Keith Blackwell wrote that the principle of sovereign immunity prevents courts from considering the lawsuit against the state.

The concept of sovereign immunity protects the state and state agencies from lawsuits unless that protection is waived by the General Assembly.

But Blackwell further stated, "we recognize the availability of other means by which aggrieved citizens may obtain prospective relief from threatened enforcement of unconstitutional laws."

Blackwell noted that citizens have no right to sue the state without its consent, but he said that Citizens generally have the right to sue state officers in their individual capacities if the officials are pursuing official actions that are alleged to be unconstitutional.

Andrea Young, executive director of the ACLU of Georgia, said that the organization is pleased that it still has the option to sue state officers as individuals, even though it disagrees that the state law bars lawsuits against officers in their official capacity.

"By providing a path for Georgians to hold their legislature accountable for unconstitutional laws, this ruling means we can now continue the legal fight against Georgia's unconstitutional abortion ban," Young said in a statement.

"While the abortion ban has been in place, women in Georgia have been unable to get the health care they need," she added.

The suit was filed by the ACLU on Nov. 30, 2012, about a month before the law was scheduled to take effect. About three weeks later, the law was put on hold by Fulton County Superior Court Judge Doris Downs until the case could be resolved.

Camila Zolfaghari, executive director of Georgia Life Alliance, described the latest court ruling as a "victory for human life and human dignity."

"No child should have to feel the pain of being ripped apart, limb by limb in an abortion," she told Life News.

Zolfaghari noted that by dismissing the case on grounds of sovereign immunity, the high court has avoided decisions regarding the constitutionality of the 20-week ban. She added that the court has expressly noted that the plaintiffs could still challenge the law's constitutionality through other legal means.

"We understand that life has triumphed today, but we still have a long way to go before every life, born and unborn, is fully valued and protected," she said. "Still we rejoice that the protection of human life grew just a little stronger today. Every single life has value," she went on to say.