Amendment 4 abortion rights initiative fails in Florida, leaving 6-week ban in place

JACKSONVILLE, Fla. – Amendment 4, an initiative that would’ve limited the government’s interference with abortion in Florida, has failed.

This means the state’s six-week abortion law will stand.

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Florida is one of the first states to reject abortion rights in a ballot measure since Roe v. Wade was overturned.

“Leadership matters. Every state should be able to do this. Copy @GovRonDeSantis' Florida blueprint,” Communications Director for Gov. Ron DeSantis posted on X.

DeSantis' chief of staff also took to X as the results came in, saying, “We fought the good fight, we kept the faith, and we finished the race. Thanks to @GovRonDeSantis and our great team for everything they sacrificed over the past months to protect our great state from amendments that sought to attack our families and way of life. To other states facing these challenges - you can win, but you must fight!"

Florida House Rep. Anna Eskamani, a Democrat from Orlando who won reelection Tuesday, said she will not stop fighting.

“Amendment 4 secured 57% of voter support. This is still a historic outcome that demonstrates how the majority of Floridians reject the state’s near-total abortion ban. We must demand that the FL Legislature repeal the ban. We are the majority, and we’re not going anywhere,” Eskamani posted on X.

Amendment 4, considered one of the most controversial ballot measures during this election, would’ve prevented lawmakers from passing any law that penalizes, prohibits, delays or restricts abortion until fetal viability, which doctors say is sometime after 21 weeks.

RELATED | Amendments: Breaking down abortion, marijuana & 4 other changes voters must decide to Florida constitution | ‘It’s the First Amendment, stupid’: Federal judge blocks state from threatening TV stations over Amendment 4 ad | Civil rights groups sue Florida agency over website discussing Amendment 4, allege it’s spreading ‘misinformation’

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 needed 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.

Since it failed: 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.

RELATED | Florida OBGYN: ‘Extreme abortion ban ties my hands and puts lives at risk’

“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.”

MORE | Gov. DeSantis: Florida will become ‘major abortion tourist destination’ if Amendment 4 passes

“All these terms matter because if it passes, that restricts the right of the people to legislate around that,” Gov. Ron DeSantis said Monday.