JACKSONVILLE, Fla. – Two years after the Supreme Court overturned Roe v. Wade, the future of abortion rights in Florida is expected to be decided Tuesday.
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Amendment 4, considered one of the most controversial ballot measures during this election, would prevent lawmakers from passing any law that penalizes, prohibits, delays or restricts abortion until fetal viability, which doctors say is sometime after 21 weeks. If it’s rejected, the state’s restrictive six-week abortion law would stand, and that would make Florida one of the first states to reject abortion rights in a ballot measure since Roe v. Wade was overturned.
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According to the amendment summary, this initiative “does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”
Amendment 4 needs to be approved by more than 60% of voters.
Background
Like Amendment 3, Amendment 4 was also placed on the ballot through petition signatures, gathering about 100,000 signatures over the required number. The proposed amendment is sponsored by the group Floridians Protecting Freedom, Inc.
This amendment was a response to the Florida Legislature and DeSantis passing a law that largely prevents abortions after six weeks of pregnancy, which went into effect in May.
The ban has an exception for saving a woman’s life, as well as in cases involving rape and incest. But experts say health care workers are still prevented from performing an abortion on a nonviable pregnancy that they know may become deadly — such as when the fetus is missing organs or implanted outside the uterus — until it actually becomes deadly.
If it passes: The Florida Constitution would include language protecting the right to reproductive choice up to the point of viability and at other times to protect the health of the mother.
If it fails: The current six-week abortion ban would remain Florida law. Florida would be one of the first states to reject abortion rights in a ballot measure since Roe v. Wade was overturned.
Arguments in favor of Amendment 4
Supporters of the measure contend that the documentation required to satisfy the exceptions currently in place is so burdensome that many patients can’t meet the requirements. Moreover, bans in Republican-led states have prompted many people seeking abortions to travel to get care. That translates into higher costs for gas or plane tickets, hotels and meals; more logistics to figure out, including child care; and more days off work.
Many Florida doctors have expressed their support for this initiative, explaining the impacts they have seen since the state tightened its laws to put new restrictions on abortions.
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“Florida has a near total abortion ban that impacts many women before they even realize they’re pregnant, “said Sarasota-based OBGYN Dr. Jerry Goodman. “And as a doctor, I’m committed to saving lives, but Florida’s extreme abortion ban ties my hands and puts lives at risk.”
Arguments against Amendment 4
Gov. Ron DeSantis has focused his official office on fighting the amendment.
DeSantis said Amendment 4 lacks defined terms and contains deceptive language. He also said the amendment has the potential to erode parental consent for minors’ abortions and non-physicians to perform abortions, due to the inclusion of the words “healthcare provider.”
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“All these terms matter because if it passes, that restricts the right of the people to legislate around that,” Gov. Ron DeSantis said Monday.