LEGISLATIVE SCORECARD 2020 REPRODUCTIVE RIGHTS Reproductive Rights Scorecard Methodology Who are we? The ACLU of Georgia envisions a state that guarantees all persons the civil liberties and rights con- tained in the United States and Georgia Constitutions and Bill of Rights. The ACLU of Georgia en- hances and defends the civil liberties and rights of all Georgians through legal action, legislative and community advocacy and civic education and engagement. We are an inclusive, nonpartisan, state- wide organization powered by our members, donors and active volunteers. How do we select the bills to analyze? Which bills did we choose, and why? Throughout the ACLU’s history, great strides To ensure a thorough review of Georgia’s repro- have been made to protect women’s rights, in- ductive justice and women’s rights bills, we scored cluding women’s suffrage, education, women eight bills dating back to 2012. Each legislator entering the workforce, and most recently, the Me was scored on bills they voted on since being elect- Too Movement. Despite this incredible progress, ed (absences and excuses were not counted to- women still face discrimination and are forced to wards the score). Because the bills we chose were constantly defend challenges to their ability to voted on throughout the years of 2012 to 2020, make private decisions about reproductive health. some legislators are scored on a different num- Overall, women make just 78 cents for every ber of bills because they were not present in the dollar earned by men. Black women earn only legislature when every bill scored was voted on or 64 cents and Latinas earn only 54 cents for each they were absent/excused from the vote — these dollar earned by white men. nuances are reflected in the voters and scoring. Nationally, Georgia is among the worst states in How does the scoring work and what do the terms of reproductive health. It has the highest scores mean? maternal mortality rate in the country and in 1. First, we chose which bills to score legislators 2019, the Georgia legislature enacted one of the on. We settled on eight bills in total, all of most restrictive anti-choice bills in the country. which encompass a wide range of reproductive The ACLU of Georgia was the lead organization justice issues. in striking down this six-week ban in court. 2. For each bill, we reviewed each legislator’s The COVID-19 pandemic has revealed even corresponding votes (yes (Y) or no (N)). greater gender-oriented fissures in our society. 3. We then dictated which vote, yes (Y) or no Women, and particularly women of color, are dis- (N), would align with the ACLU of Georgia’s proportionately impacted by the pandemic — they mission to protect the reproductive rights of are more likely to lose their jobs, more likely to all Georgians. Each legislator received one work in essential jobs on the frontlines of the pan- point if they voted in line with the ACLU of demic and more likely to struggle with school clo- Georgia’s stance on the bill and each legisla- sures and the loss of childcare for their children. tor received zero points if they voted against COVID-19 gives this work even more urgency. the ACLU of Georgia’s stance on a bill. If the In order to provide a comprehensive look at re- Disclaimer: Legislators marked with an asterisk were cent reproductive and women’s rights legislation only present to vote on one or two of the 8 total bills we in Georgia, we chose bills covering a variety of scored. Their score is not completely reflective of their related issues, from the right to choose to increas- views on the wide range of reproductive rights and ing healthcare coverage for new mothers to pre- justice issues that people in Georgia face. For additional serving and expanding the rights of incarcerated context, view the bill summaries in conjunction with the people who are pregnant. votes of the legislators. 2 ploitation of Black women and placing women’s bodies in service of men. Abortion bans are about maximizing wealth and consolidating power. Abortion is a constitutionally protected right, and the ACLU of Georgia firmly believes that people should be able to make their own decisions about whether and when to become a parent without the interference of politicians. Georgia needs legisla- tors who will fight to protect the constitutionally protected right to abortion. HB 990 (2013): Anti-Medicaid Expansion ACLU Position: NO = 1 point HB 990 was passed in 2013 and prohibited the expansion of Medicaid eligibility through an increase in income threshold without prior leg- islative approval. This law restricted Georgians’ access to affordable medical benefits and aid. ACLU Georgia’s Stop The Bans Georgia Rally Georgia needs lawmakers who do not allow politi- legislator was absent or excused, we did not cal and partisan agendas to restrict the rights and score them for that bill and it was not taken privileges of its citizens. into account in their overall score. 4. To tally up the scores for each legislator, we divided the total number of applicable repro- SB 98 (2014): Abortion Opt-Out ductive rights and justice bills the legislator ACLU Position: NO = 1 point voted on by the sum of legislator’s scores. This SB 98 was passed in 2014 and prohibited abortion gave us the amount of times that the legislator insurance coverage under any qualified health voted with a pro-civil liberties stance. plan through state law, federal law, or exchange 5. For the legislators, we only scored legislators created through the Patient Protection and Af- who were set to be on the Nov. 3, 2020 ballot as fordable Care Act. It made sure to articulate that of Monday Aug. 10, 2020. no part of the Georgia law could be construed as 6. The votes reviewed for scoring were the final creating or recognizing a person’s right to abor- votes for the bills, in each chamber. tion. This law further increased restrictions to abortion access thereby violating the rights of peo- Bills Being Scored ple to make their own decisions about their body and whether or not to become a parent. Georgia needs legislators who recognize abortion care is HB 954 (2012): 20-Week Abortion Ban healthcare. ACLU Position: NO = 1 point House Bill 954 was passed in 2012, and it placed SB 308 (2016): Anti-Abortion a ban on abortions at 20 weeks or later. The bill Pregnancy Planning only provided exceptions in two limited circum- ACLU Position: NO = 1 point stances — to protect the life of the mother, or to Senate Bill 308 was passed in 2016 and estab- preserve the fetus. Abortion bans have nothing lished a Positive Alternatives for Pregnancy to do with saving lives or protecting the interests Grant Program to award grants to Crisis Preg- of children. History shows us that anti-abortion nancy Centers, nonprofits that offer pregnancy efforts are rooted in white supremacy, the ex- 3 support and encourage childbirth instead of bility of caring for family and children is typically abortion. The organization cannot receive grant left to women, SB 201 saves individuals from hav- money if they encourage an abortion, provide an ing to make the choice between paying their bills abortion, or refer a someone to an abortion clinic. and taking care of their families, thereby work- If the person’s life is threatened by the pregnancy, ing towards the ACLU of Georgia’s goal of equal the organization may suggest an abortion with- access to employment. The bill is not as expansive out losing the grant. CPC’s are typically run by as it could be as it only applies to companies with anti-choice organizations, many of whom mislead existing sick leave policies and limits the number patients considering abortion and provide false of sick days to five days per year. However, SB information1. SB 308 makes it more difficult for 201 is a step in the right direction. Georgia needs people to get access to accurate information and legislators who fight for equal employment access interferes with a person’s right to choose, and regardless of gender or parenting status. uses taxpayers dollars to do it. Georgia needs legislators who will fight to protect the constitu- tionally protected right to abortion. HB 345 (2019): Anti-Shackling ACLU Position: YES = 1 point HB 345 was passed in 2019 and prohibits law en- SB 201 (2017): Family CARES Act forcement officers from using physical restraints ACLU Position: YES = 1 point on a pregnant person or a person in the imme- Senate Bill 201 was passed in 2017 and allowed diate postpartum period. Shackling pregnant employees to use their sick leave to care for im- people during active labor and childbirth is all too mediate family members, including children, a common in our nation’s prisons, despite it endan- spouse, parents, grandparents or any other de- gering the health of both the mother and the fe- pendents. The ACLU of Georgia works to ensure tus. The bill also allows for pregnant prisoners to all people have equal access to employment free skip the squat and cough portion of a strip search from gender discrimination. Since the responsi- and to forgo any vaginal examination, which are 1 “2016 State of States,” Center for Reproductive Rights, 2016. #DoBetterGA protest against House Bill 481 / photo courtesy John Ramspott, Flickr 4 both humiliating and demeaning, and can often specialty should be patient-centered, and medical become traumatic for a pregnant person. Addi- decisions should remain between the patient and tionally, HB 345 requires that any pregnant per- the patient’s physician, without political interfer- son or person who is in the immediate postpartum ence.