| 1 | 1 | | 25 LC 52 0674 |
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| 2 | 2 | | Senate Resolution 84 |
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| 3 | 3 | | By: Senators Harrell of the 40th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th, |
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| 4 | 4 | | Esteves of the 35th and others |
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| 5 | 5 | | A RESOLUTION |
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| 6 | 6 | | Proposing an amendment to the Constitution so as to provide that every individual has a |
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| 7 | 7 | | 1 |
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| 8 | 8 | | fundamental right to reproductive freedom and such right shall not be denied, burdened, or2 |
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| 9 | 9 | | infringed upon unless justified by a compelling state interest; to limit the purpose of a3 |
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| 10 | 10 | | compelling state interest; to provide that the state may regulate the provision of abortion care4 |
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| 11 | 11 | | after fetal viability; to provide for a definition; to provide for severability; to provide for5 |
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| 12 | 12 | | related matters; to provide for submission of this amendment for ratification or rejection; and6 |
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| 13 | 13 | | for other purposes.7 |
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| 14 | 14 | | BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 15 | 15 | | SECTION 1.9 |
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| 16 | 16 | | Article I of the Constitution is amended by adding a new Section to read as follows:10 |
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| 17 | 17 | | "SECTION V.11 |
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| 18 | 18 | | REPRODUCTIVE FREEDOM12 |
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| 19 | 19 | | Paragraph I. Right to reproductive freedom. (a) As used in this Section, the term 'fetal |
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| 20 | 20 | | 13 |
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| 21 | 21 | | viability' means the point in pregnancy at which, in the professional judgment of an14 |
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| 22 | 22 | | attending healthcare professional and based on the particular facts of the case, there is a15 |
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| 23 | 23 | | S. R. 84 |
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| 24 | 24 | | - 1 - 25 LC 52 0674 |
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| 25 | 25 | | significant likelihood of the fetus's sustained survival outside the uterus without the16 |
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| 26 | 26 | | application of extraordinary medical measures.17 |
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| 27 | 27 | | (b) Every individual has a fundamental right to reproductive freedom that entails the18 |
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| 28 | 28 | | right to make and effectuate decisions about all matters relating to pregnancy, including,19 |
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| 29 | 29 | | but not limited to, prenatal care, childbirth, postpartum care, contraception, sterilization,20 |
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| 30 | 30 | | abortion care, miscarriage management, and infertility care. An individual's right to21 |
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| 31 | 31 | | reproductive freedom shall not be denied, burdened, or infringed upon unless justified by22 |
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| 32 | 32 | | a compelling state interest and achieved by the least restrictive means. A state interest is23 |
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| 33 | 33 | | compelling only if it is for the limited purpose of protecting the health of an individual24 |
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| 34 | 34 | | seeking care, is consistent with accepted clinical standards of practice and evidence based25 |
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| 35 | 35 | | medicine, and does not infringe on such individual's autonomous decision making.26 |
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| 36 | 36 | | (c) The state shall not discriminate in the protection or enforcement of an individual's27 |
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| 37 | 37 | | fundamental right to reproductive freedom.28 |
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| 38 | 38 | | (d) The state shall not penalize, prosecute, or otherwise take adverse action against an29 |
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| 39 | 39 | | individual based on such individual's actual, potential, perceived, or alleged pregnancy30 |
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| 40 | 40 | | outcome, including, but not limited to, miscarriage, stillbirth, and abortion, nor shall the31 |
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| 41 | 41 | | state penalize, prosecute, or otherwise take adverse action against an individual for aiding32 |
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| 42 | 42 | | or assisting a pregnant individual in exercising such pregnant individual's right to33 |
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| 43 | 43 | | reproductive freedom with such pregnant individual's voluntary consent.34 |
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| 44 | 44 | | (e) Notwithstanding the provisions of this Section, the state may regulate the provision35 |
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| 45 | 45 | | of abortion care after fetal viability, provided that in no circumstance shall the state prohibit36 |
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| 46 | 46 | | an abortion that, in the professional judgment of an attending healthcare professional, is37 |
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| 47 | 47 | | medically indicated to protect the life or physical or mental health of the pregnant38 |
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| 48 | 48 | | individual.39 |
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| 49 | 49 | | (f) This Section shall be self-executing. Any provision of this Section held invalid shall40 |
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| 50 | 50 | | be severable from the remaining portions of this Section."41 |
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| 51 | 51 | | S. R. 84 |
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| 52 | 52 | | - 2 - 25 LC 52 0674 |
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| 53 | 53 | | SECTION 2. |
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| 54 | 54 | | 42 |
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| 55 | 55 | | The above proposed amendment to the Constitution shall be published and submitted as43 |
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| 56 | 56 | | provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the44 |
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| 57 | 57 | | above proposed amendment shall have written or printed thereon the following:45 |
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| 58 | 58 | | "( ) YES46 |
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| 59 | 59 | | ( ) NO47 |
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| 60 | 60 | | 48 |
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| 61 | 61 | | Shall the Constitution of Georgia be amended so as to recognize and protect |
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| 62 | 62 | | the right of an individual to make family planning and childbirth decisions |
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| 63 | 63 | | without government interference?" |
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| 64 | 64 | | All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." |
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| 65 | 65 | | 49 |
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| 66 | 66 | | All persons desiring to vote against ratifying the proposed amendment shall vote "No." If50 |
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| 67 | 67 | | such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall51 |
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| 68 | 68 | | become a part of the Constitution of this state.52 |
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| 69 | 69 | | S. R. 84 |
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| 70 | 70 | | - 3 - |
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