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
<ins>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
</ins>
<ins>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."
</ins>
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.