A judge in Arkansas has thrown out a bill to ban abortions after the 12-weeks mark, saying the decision to carry about an abortion should be based on viability as opposed to if the fetus has a heartbeat.
‘The state presents no evidence that a fetus can live outside the mother's womb at twelve weeks’, U.S. District Judge Susan Webber Wright wrote, adding ‘it is not the proper function of the legislature or the courts to place viability at a specific point in the gestation period’.
The Arkansas Legislature pushed for the law last March, but it was put on hold until Judge Webber threw it out on Friday.
Doctors are still legally required to check for a heartbeat and tell the woman if one is present before proceeding with an abortion, reports USA Today. 12 weeks is when a heartbeat can usually be found.
State Senator Jason Rapert, who supported the 12-week ban, said he was happy that at least part of the bill remains. He said that women will ‘rethink’ their abortions if they know a heartbeat is already present and called it ‘a win for the pro-life movement’.
If you think a 12-week ban is bad, spare a thought for women in North Dakota, where a bill has been passed that bans abortions after six weeks. The law hasn’t been implemented yet.
Picture: Getty
This article originally appeared on The Debrief.