Senate · Introduced · 2025-2026 Regular Session

SR84: SR84 Right to Reproductive Freedom; provide

Last action February 3, 2025 · Senate Read and Referred

A Georgia Senate resolution would ask voters to amend the state constitution to create a fundamental right to reproductive freedom, covering pregnancy, contraception, and abortion care, with new limits on state regulation after fetal viability.

In plain language

This resolution proposes a constitutional amendment rather than a regular law change. It would add a new section to Article I of the Georgia Constitution declaring that every individual has a fundamental right to reproductive freedom, covering decisions about pregnancy, prenatal care, childbirth, contraception, sterilization, abortion care, miscarriage management, and infertility care. Under the proposed amendment, the state could only limit that right if it had a compelling reason tied to protecting the patient's health, used the least restrictive method, and did not override the patient's own decision-making. The state could still regulate abortion after fetal viability (defined as the point a fetus could likely survive outside the uterus) but could never ban an abortion a health care professional judges medically necessary to protect the pregnant person's life or health. The state also could not punish people for pregnancy outcomes like miscarriage or stillbirth, or for helping someone get reproductive care with consent. If the General Assembly approves the resolution, the amendment would go to Georgia voters for ratification on a future ballot.

What the bill does

Proposes adding a new Section V to Article I of the Georgia Constitution establishing a fundamental right to reproductive freedom for every individual.
Limits when the state can restrict that right to cases involving a compelling state interest tied only to protecting the patient's health and following accepted medical standards.
Allows the state to regulate abortion care after fetal viability but bars any ban on abortions a healthcare professional deems medically necessary to protect life or health.
Prohibits the state from penalizing or prosecuting someone over a pregnancy outcome such as miscarriage, stillbirth, or abortion, or over helping another person get reproductive care with consent.
Sends the proposed amendment to Georgia voters for ratification or rejection through a statewide ballot question.

Who it affects

The amendment would affect all Georgians of reproductive capacity, healthcare professionals who provide prenatal, abortion, contraception, and infertility care, and anyone who helps a pregnant person access that care. It would also limit how the state and prosecutors can act in this area.

Why it matters

If ratified by voters, this would place a specific reproductive freedom protection directly in the Georgia Constitution, changing how far the state can go in restricting abortion, contraception, and related pregnancy decisions, and shielding people from prosecution over pregnancy outcomes like miscarriage.

Key provisions

Section 1 adds a new Section V, Paragraph I to Article I of the Georgia Constitution defining 'fetal viability' based on an attending healthcare professional's judgment.
Paragraph I(b) establishes the fundamental right to reproductive freedom and sets the compelling state interest test needed to limit it.
Paragraph I(c) bars the state from discriminating in how it protects or enforces this right.
Paragraph I(d) bars the state from penalizing or prosecuting people over pregnancy outcomes or for consensually assisting someone else's reproductive care.
Paragraph I(e) allows state regulation of abortion after fetal viability but prohibits banning medically necessary abortions to protect life or health.
Paragraph I(f) makes the section self-executing and severable if any part is found invalid.
Section 2 sets the ballot question language and process for voters to ratify or reject the amendment under Article X, Section I, Paragraph II of the Constitution.

Status timeline

2025-02-03Senate Read and Referred (Senate)
2025-01-30Senate Hopper (Senate)

Topics

abortion rights
reproductive freedom
constitutional amendment
women's health
Georgia ballot measure