Florida’s 6-Week Abortion Ban Becomes Law; Voter Amendment Pending

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Article Summary –

The Florida Supreme Court has allowed for a six-week abortion ban to take effect, making Florida one of the most restrictive states for abortion access. However, the court also approved the wording of a state constitutional amendment that protects the right to abortion, allowing it to be voted on in November as Amendment 4; if it passes with at least 60% approval, it could potentially undo both bans. The rulings have also made Florida a key battleground for reproductive rights in the upcoming presidential election, with the Biden campaign viewing it as a winnable swing state that could be mobilized around abortion rights.


Florida Supreme Court Backs Six-Week Abortion Ban

The Florida Supreme Court has greenlit a six-week abortion ban while also allowing a constitutional amendment safeguarding abortion rights to be voted on in the fall.

By maintaining the 15-week abortion ban, the state Supreme Court has initiated a six-week abortion ban enacted last year. The new law, effective in 30 days, makes Florida one of the nation’s most restrictive states for obtaining an abortion. Additionally, the court sanctioned the wording of a proposed state constitutional amendment that could potentially negate both bans if it receives over 60% of the voter’s support in November.

The constitutional amendment’s proposed language states, “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.”

Florida Attorney General Ashley Moody disputed this language last year, arguing that it was vague and deceptive. However, the justices declared on Monday that the ballot summary would not mislead voters.

Florida is joining other states such as Michigan and Ohio in having voters decide on reproductive rights directly. The state could witness increased voter activity in a likely close contest between President Joe Biden and former President Donald Trump.

Victims of rape, incest, and human trafficking can obtain an abortion up to 15 weeks into pregnancy under the new legislation, provided they present supporting documents such as a restraining order, police report, or medical record.

Moreover, the law bans doctors from prescribing abortion medications via telehealth and requires the medication to be administered by a physician.

Despite the decades of court intervention blocking legislative attempts to restrict abortion rights in Florida, the court, with five appointees from Governor DeSantis, permitted the ban to proceed.

The shift will severely impact abortion access in the southeastern U.S. After six weeks, Virginia will be the nearest state for women in Florida to seek an abortion.

The court also authorized ballot language for Amendment 3, which lets Florida voters decide whether to legalize recreational marijuana use this November. This proposed constitutional amendment could permit adults aged 21 and over to possess up to three ounces of marijuana.

In response to Monday’s rulings, both Biden and Trump issued statements. Biden condemned the “extreme” decision, while Trump’s campaign stated that the former president “supports preserving life but has also made clear that he supports states’ rights because he supports the voters’ right to make decisions for themselves.”

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