Submitted by Brittanie Lee
Abortion is one of the top issues for voters during this election cycle with experts saying that it will determine who will be in the white house. As of October 6, 2024, 11 states have certified abortion ballot measures for the general election. If voters pass these ballot initiatives, their states will ensure abortion rights regardless of the Supreme Court overturning Roe v. Wade, the case that federally protected abortion rights for 49 years. 7 states have had abortion-related measures on the ballot since the Dobbs v. Jackson Women’s Health Organization Supreme Court decision in June of 2022. Voters passed the measures in 4 of these states (Passed in Ohio, California, Michigan and Vermont. Defeated in Kansas, Kentucky and Montana).
Amendment 4 is titled “Amendment to Limit Government Interference with Abortion”. The text says that “[N]o law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.
Critics say that the amendment’s lack of definitions make it dangerous. However, this is misleading.
All constitutional amendments must be reviewed by the Florida Supreme Court for clarity before its approval to be on the ballot. Definitions are not typically in constitutional amendments nor are they required. Constitutional amendments are reviewed by defining terms with definitions already used in Florida law. The courts clarify existing misunderstandings. For example, Florida law has defined “viability” as after a fetus can sustain life outside of the womb through standard medical measures.
Critics say that the amendment will allow abortion clinics to approve late term abortions without the oversight of a licensed physician. This criticism is false.
Amendment 4 does not change the current Florida which requires all abortions to be performed by a licensed physician. The amendment’s language does not suggest otherwise. The amendment would only allow a licensed physician to perform an abortion after viability, which some call late term abortions, when it is necessary to protect the patient’s health.
Critics say that the amendment replaces the law requiring parental consent for an abortion with parental notification. This critique is also false.
Amendment 4 says it does not change the requirement for parental or guardian notification before a minor has an abortion. This requirement is already in Article 10, Section 22 of Florida’s Constitution. The Amendment merely says that the Florida Legislature will retain its constitutional authority to require or not require this notification. Parental consent is also already required by Florida law. Amendment 4 does not mention parental consent once. The “Parental Notice of and Consent for Abortion Act” became law after the April 2024 Florida Supreme Court ruling in Planned Parenthood of Southwest and Central Florida v. State of Florida. The statute requires a physician to obtain notarized written consent from a parent or legal guardian before performing an abortion on a minor. Therefore, Amendment 4 still requires notarized written parental consent and parental notification before a physician is authorized to perform an abortion on a minor.
The History of Abortion Laws in Florida
From 1868 until 1972 Florida law made abortion illegal unless “necessary to preserve the life of such mother.” The Florida Supreme Court repealed the law in 1972 by ruling it ‘unconstitutionally vague.” After Roe v. Wade, from 1973 until 2022, abortion in Florida was legal until the third trimester which was defined as starting 26 weeks after the last menstrual period. One week after the U.S. Supreme Court’s 2022 ruling in Dobbs, abortions were banned after 15 weeks. On May 1, 2024, abortions are were banned after 6 weeks. This ban includes out-of-state telemedicine such as receiving a mifepristone prescription (used to terminate pregnancies up to 10 weeks along) from an out-of-state physician via telehealth. There are exceptions for threats to physical health, rape and incest.
Florida is one of 3 states with a 6 week abortion (Florida, Iowa and South Carolina). If Florida gets any stricter it will join the 13 other states that totally ban abortions.
