Georgia Judge Rejects Request for Taxpayer-Funded Abortions

State   |   Steven Ertelt   |   Jan 1, 2009   |   9:00AM   |   WASHINGTON, DC

Georgia Judge Rejects Request for Taxpayer-Funded Abortions

by Steven Ertelt Editor
December 223, 2003

Atlanta, GA ( — A judge on Monday denied a request filed by abortion advocates in Georgia for a temporary restraining order against a pro-life law that allows the state to disallow funding so-called "medically necessary" abortions with state tax dollars.

Fulton County Superior Court Judge Gino Brogdon agreed with arguments made by the state that there is no emergency reason to void the law while the trial of the pro-abortion lawsuit against it continues.

Brogdon also said abortion advocates didn’t present any compelling cases of injury to poor women who were denied tax-funded abortions under the current pro-life law.

"All of the evidence contained in the affidavits filed by Plaintiffs reflects only generalized, speculative or past harm allegedly incurred by the unidentified women discussed; there is no specific allegation of imminent harm for any particular individual," Brogdon wrote.

Attorneys representing the Feminist Women’s Health Center abortion facility, Planned Parenthood of Georgia and abortion businesses around the state oppose the current Georgia law. It restricts abortions funded with tax dollars to women whose pregnancies endanger their lives or result from rape, incest.

That pro-life law has helped the state avoid paying for approximately 8,000 abortions each year at a cost of $5.1 million.

Louise Melling, an ACLU attorney representing the abortion businesses, says she may ask for a preliminary injunction or request that the judge issue a summary judgment decision.

Caryl Swift, president of Georgia Right to Life, said her group was pleased with the judge’s decision.

"[T]he State of Georgia should not pay for abortions on demand with Medicaid funds," Swift told

"Local communities and the State of Georgia can do much more for women in need with life-affirming alternatives, rather than paying to abort their babies," Swift added. "Social service agencies, pregnancy support centers, maternity residences, and adoption agencies provide positive alternatives to abortion for pregnant women in need."

Pro-life groups say that the term "medically necessary abortions" is just another way of saying "abortion on demand." 

Sixteen states fund so-called medically necessary abortions while the federal government has prohibited virtually all abortion funding since the 1970s through the Hyde amendment and the U.S. Supreme Court upheld the law in 1980

Related web sites:
Georgia Right to Life –