Atlanta, GA — On Wednesday, around 200 pro-life advocates crowded outside the House Judiciary Non-Civil Committee for a hearing for the Prenatal Equal Protection Act (HB 441). Six years after the passage of the Heartbeat Law, and nearly three years after the overturn of Roe v. Wade, Georgia Republicans who control the State House finally allowed a committee hearing for a bill that would provide equal protection for pre-born children.
“It’s simple. We believe that the murder of anyone should be illegal for everyone,” said GRA President Nathaniel Darnell.
The crowd was so large the Georgia State Patrol officers struggled to keep a path clear through the hallway leading to the committee room. Opponents of the bill were wearing yellow stickers that said “Support and Compassion – not punishment.” Others wore T-shirts saying “Trust Black Women”. However they were far outnumbered, perhaps 4-1, by pro-life families complete with toddling children and strollers.
In 2023, the Georgia Department of Public Health documented there were 30,856 innocent children killed by abortion.
“In my obstetrics training I learned that I am always caring for two patients, the mother and the baby,” said Dr. Coleman Boyd. “As a physician I have never seen a case where killing the child would save the life of the mother.”
Dr. Boyd held a toddler, Haddasah, through his testimony and introduced her as his adopted daughter. He said she was conceived in rape. “Her 13-year old mother came to live with us, gave birth, and she was blessed to give this child life and now she is the delight of her soul.”
HB 441 would ensure the same homicide laws that protect toddlers would also protect pre-born children.
Abortion advocates pretend all 4th amendment privacy rights would disappear if this bill were passed allowing women to be investigated for miscarriage, and allowing the government to immediately begin spying on people in their homes, which is absurd.
The Fourth Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
If there is no reason to suspect foul play, there is no reason to investigate.
Are parents investigated every time a toddler tragically drowns in a swimming pool?
Did parents lose all privacy rights when our current homicide laws were adopted?
Everyone knows that little kids are extremely vulnerable and can be easily hurt or killed, and pre-born babies even more so. Georgia law distinguishes between the intentional murder of a toddler and the tragic accidental death of a toddler and it would be the same with miscarriage. Even with the flaws in our legal system a jury should be able to distinguish between elective abortion and accidental miscarriage, just like they do with the accidental death of toddlers.
Additionally, you would still have all the wonderful legal requirements like due process, trial by jury, presumption of innocence until proven guilty, etc. These would help to ensure justice is done, and no innocent person would get punished.
What about women who are victims of human trafficking?
The pro-life Establishment wants laws to carve out a special exemption for expectant mothers, so that they have complete legal immunity to commit an abortion. They claim that because of the existence of trafficking victims, therefore the law should exempt all expectant mothers from any consequences.
Certainly some post-abortive mothers are victims and not responsible for the abortion (trafficking victims, etc.) but we can’t assume all women are victims in prenatal homicide. Under HB 441 every case will need to be considered based on the facts and evidence and whether you can prove beyond reasonable doubt that someone (the doctor/parents/grandparent/pimp etc.) knew their victim was a human being and they had intent to kill. If you can prove that, why should it matter if you are a medical professional?
This is justice, when the law is applied equally to everyone.
“Parents have a responsibility to protect their children,” said Jason Storms, National Director of Operation Save America, during the hearing. Georgia law currently recognizes parental and familial responsibilities in our child support, alimony, and criminal neglect laws. It is not unreasonable to assume that those parental responsibilities apply to children before they are born.
Chairman Tyler Paul Smith (R-Bremen) did not call for a vote on HB 441, but allowed the legislators to ask questions and explore the merits of the bill. It was disappointing to see so many Republican legislators leave the committee room mid-way through the hearing. We are grateful Rep. Charlice Byrd (R-Woodstock) was present throughout all the public testimony. Since crossover day has passed and HB 441 did not get a committee and house vote in time, the bill will likely not be taken up again until 2026, but Republican activists intend to use this time to continue to impress on their legislators the urgency of this life and death legislation.