---
title: SR 84. Right to Reproductive Freedom; provide
collection: bills
id: 2025-2026/sr84
cite_as: SR 84, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sr84
md_url: https://georgiacommons.org/bills/2025-2026/sr84.md
text_url: https://georgiacommons.org/bills/2025-2026/sr84/text
source_url: https://www.legis.ga.gov/legislation/69753
date: 2025-02-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sr84.md?full=1
bill_number: SR 84
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: resolution
status_date: 2025-01-30
last_action: Senate Read and Referred
sponsors:
- Sally Harrell
- Harold Jones
- Kim Jackson
- Elena Parent
- Jason Esteves
- Nan Orrock
- Sonya Halpern
- Nabilah Islam Parkes
- Kenya Wicks
- Gail Davenport
- Tonya Anderson
- Michael Rhett
- Nikki Merritt
- Ed Harbison
- RaShaun Kemp
- David Lucas
- Josh McLaurin
- Derek Mallow
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SR84/2025
upstream_id: 1949609
summaries_model: claude-sonnet-5
topic_tags:
- abortion rights
- reproductive freedom
- constitutional amendment
- Georgia ballot measure
- women's health
---
# SR 84. Right to Reproductive Freedom; provide
## Text
Senate Resolution 84
By: Senators Harrell of the 40th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th,
Esteves of the 35th and others
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that every individual has a
fundamental right to reproductive freedom and such right shall not be denied, burdened, or
infringed upon unless justified by a compelling state interest; to limit the purpose of a
compelling state interest; to provide that the state may regulate the provision of abortion care
after fetal viability; to provide for a definition; to provide for severability; to provide for
related matters; to provide for submission of this amendment for ratification or rejection; and
for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article I of the Constitution is amended by adding a new Section to read as follows:
"SECTION V.
REPRODUCTIVE FREEDOM
Paragraph I. Right to reproductive freedom. (a) As used in this Section, the term 'fetal
viability' means the point in pregnancy at which, in the professional judgment of an
attending healthcare professional and based on the particular facts of the case, there is a
significant likelihood of the fetus's sustained survival outside the uterus without the
application of extraordinary medical measures.
(b) Every individual has a fundamental right to reproductive freedom that entails the
right to make and effectuate decisions about all matters relating to pregnancy, including,
but not limited to, prenatal care, childbirth, postpartum care, contraception, sterilization,
abortion care, miscarriage management, and infertility care. An individual's right to
reproductive freedom shall not be denied, burdened, or infringed upon unless justified by
a compelling state interest and achieved by the least restrictive means. A state interest is
compelling only if it is for the limited purpose of protecting the health of an individual
seeking care, is consistent with accepted clinical standards of practice and evidence based
medicine, and does not infringe on such individual's autonomous decision making.
(c) The state shall not discriminate in the protection or enforcement of an individual's
fundamental right to reproductive freedom.
(d) The state shall not penalize, prosecute, or otherwise take adverse action against an
individual based on such individual's actual, potential, perceived, or alleged pregnancy
outcome, including, but not limited to, miscarriage, stillbirth, and abortion, nor shall the
state penalize, prosecute, or otherwise take adverse action against an individual for aiding
or assisting a pregnant individual in exercising such pregnant individual's right to
reproductive freedom with such pregnant individual's voluntary consent.
(e) Notwithstanding the provisions of this Section, the state may regulate the provision
of abortion care after fetal viability, provided that in no circumstance shall the state prohibit
an abortion that, in the professional judgment of an attending healthcare professional, is
medically indicated to protect the life or physical or mental health of the pregnant
individual.
(f) This Section shall be self-executing. Any provision of this Section held invalid shall
be severable from the remaining portions of this Section."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the
above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to recognize and protect
( ) NO the right of an individual to make family planning and childbirth decisions
without government interference?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
become a part of the Constitution of this state.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the resolution. Quote the text, not the summary.
A Georgia Senate resolution would ask voters to amend the state Constitution to declare a fundamental right to reproductive freedom, covering decisions from contraception to abortion care, with limits after fetal viability.
### Plain-language summary
Georgia's Constitution currently does not contain explicit language about reproductive rights. This resolution would put a new section into Article I of the Constitution declaring that every individual has a fundamental right to reproductive freedom, covering prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. The state could only limit that right if it has a compelling interest, defined narrowly as protecting the patient's health, following accepted medical standards, and not overriding the person's own decision making.
The measure bars the state from punishing someone for a pregnancy outcome like miscarriage or stillbirth, or for helping a pregnant person get care with that person's consent. It allows the state to regulate abortion after fetal viability, but never in a way that blocks an abortion a healthcare professional judges necessary to protect the pregnant person's life or physical or mental health. Because this is a constitutional amendment, it must go to Georgia voters for ratification before taking effect, with a specific ballot question written into the resolution.
### What it does
- Adds a new Section V to Article I of the Georgia Constitution establishing a fundamental right to reproductive freedom for every individual.
- Defines reproductive freedom to include prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.
- Limits when the state can restrict this right to cases involving a compelling state interest tied to patient health and evidence-based medical standards.
- Prohibits the state from prosecuting or penalizing someone over a pregnancy outcome or for consensually helping another person get reproductive care.
- Allows the state to regulate abortion after fetal viability but bars any ban on abortions medically needed to protect the patient's life or physical or mental health.
- Sends the proposed amendment to Georgia voters for ratification, with the exact ballot question text specified in the resolution.
### Who it affects
Georgia residents who can become pregnant, healthcare professionals who provide prenatal, abortion, contraceptive, and infertility care, and anyone who helps a pregnant person access that care. It also affects state and local officials who enforce laws touching pregnancy or abortion, since their authority would be constitutionally limited.
### Why it matters
If ratified by voters, this would place reproductive rights directly in Georgia's Constitution, making them harder to change through ordinary legislation. It would restrict how far the state can go in regulating or criminalizing abortion, contraception, and related pregnancy decisions, especially before fetal viability.
### Key provisions
- Section 1 adds Article I, Section V, Paragraph I to the Constitution, defining 'fetal viability' based on an attending healthcare professional's judgment about likelihood of survival outside the uterus.
- Paragraph I(b) establishes the fundamental right to reproductive freedom and sets the compelling-state-interest and least-restrictive-means standard for any government limits.
- Paragraph I(c) bars the state from discriminating in how it protects or enforces this right.
- Paragraph I(d) prohibits penalizing or prosecuting individuals over pregnancy outcomes or for assisting others in exercising reproductive freedom with consent.
- Paragraph I(e) permits state regulation of abortion after fetal viability but forbids any prohibition on abortions medically necessary to protect the patient's life or health.
- Paragraph I(f) makes the section self-executing and includes a severability clause so invalidated parts do not void the rest.
- Section 2 sets the exact ballot question voters would see and specifies that ratification would add the amendment to the Constitution.
## Status
- Status: Introduced (2025-01-30)
- Last action: Senate Read and Referred (2025-02-03)
- Sponsors: Sally Harrell, Harold Jones, Kim Jackson, Elena Parent, Jason Esteves, Nan Orrock, Sonya Halpern, Nabilah Islam Parkes, Kenya Wicks, Gail Davenport, Tonya Anderson, Michael Rhett, Nikki Merritt, Ed Harbison, RaShaun Kemp, David Lucas, Josh McLaurin, Derek Mallow
- Official page: https://www.legis.ga.gov/legislation/69753
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sr84.md?full=1