In November, voters will be asked to choose whether to protect access to abortion in the state on Amendment 4. Since May 1, 2024, abortion has been illegal in Florida as of six weeks, before many women realize they are pregnant. The law has legal exceptions for the life of the mother, the physical health of the mother, and lethal fetal anomalies. Legal exceptions for rape, incest, and human trafficking are included in the law. However, official documentation is required: if you are a survivor of rape, incest, or human trafficking, you would have to report the crime, collaborate with law enforcement, and get a set of official documentation in order to get an abortion in Florida.
Current Florida law states that any doctor trying to perform an abortion after six weeks would face a third-degree felony, punishable by up to five years in prison.
In August, the Florida Supreme Court ruled in favor of allowing an impact statement to appear on the ballot. You can learn more about what that means here.
What the Amendment says:
No 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.
Read the full text here.
What that means:
Amendment 4 of the 2024 general election, if passed, would establish a constitutional right to abortion in Florida before fetal viability or when necessary to protect the patient’s health, as determined by their healthcare provider. The passage of the amendment would end the state’s current 6-week abortion ban. Abortions would be allowed up to around 24 weeks of pregnancy, which is considered the point of viability. The amendment would align Florida's abortion laws more closely with the protections previously provided by Roe v. Wade at the federal level.
Supporters:
- The ACLU of Florida
- Planned Parenthood
- Florida Women’s Freedom Coalition
- Florida Rising
- SEIU 1199 Florida
- Women’s Voices of Southwest Florida
- Florida Democratic Party
- The League of Women Voters of Florida
Supporters Argue:
- The government should not interfere with a person's personal decisions or prevent healthcare professionals from treating patients. (Source)
- Florida's current abortion laws are too extreme and this amendment stops them. (Source)
Opponents:
- Florida Voters Against Extremism
- The Republican Party of Florida
- The Florida Conference of Catholic Bishops
- Florida Family Policy Council
- Susan B. Anthony Pro-Life America
Opponents Argue:
- The amendment is broad and misleading, says Florida Attorney General Ashley Moody.
A 'Yes' vote would:
- Establish a constitutional right to abortion before fetal viability, which is estimated to be 24 weeks, or when necessary to protect the mother, as determined by the woman’s healthcare provider.
- It would add to the state constitution that Florida politicians cannot interfere in private medical decisions.
- It would continue to require that a parent or legal guardian sign official documentation before a minor can get an abortion. Current Florida law requires only physicians to perform an abortion, and that will not change if the amendment passes.
- Florida will still be barred from using state funds, including state Medicaid funds, to cover abortion.
A 'No' vote would:
- Oppose amending the Florida Constitution’s Declaration of Rights, meaning the current six-week abortion ban would stand.
Sources:
Ballotpedia
Florida Senate
Find the rest of the amendment explainers here.
