In this election, voters will have the opportunity to amend Florida’s constitution to limit government interference with abortion. The Amendment 4 summary 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”.
Previously, Roe V. Wade federally protected abortion rights for over 50 years. However, since its overturning in 2022, the decision was returned to the states. Earlier this year, Florida’s 6-week abortion ban went into effect, making it one of the strictest in the country. Currently, exceptions are offered for extreme cases such as rape, incest, or the health of the patient up to 15 weeks of pregnancy.
Those in support of Amendment 4 believe that the current laws in Florida are extreme, as many women are unaware they are pregnant until after 6 weeks.
For a ballot measure in Florida to be passed, it requires support from 60% of voters. The passing of Amendment 4 would make the right to an abortion a constitutional right and would remove any previous legislative bans or restrictions. This would include overturning legislation requiring parental consent before performing an abortion on a minor and laws about safety standards.
Those in opposition to Amendment 4 argue that it uses vague terminology. The term “viability” is not clearly defined within the amendment. However, viability is defined in Florida Statutes Section 390.011 as the “stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures.” The majority of medical professionals would consider a fetus to be potentially viable at 24 weeks but there is no clinical definition of viability.
Furthermore, following the undefined term of viability, the amendment is followed by “or when necessary.” This phrasing creates a potential loophole for abortions to take place up until birth if deemed necessary by the health care provider. Patient health is also not clearly defined and could be extended to mental health.
States such as Ohio, Vermont, Michigan, and Oregon have passed similar constitutional amendments. A lawsuit has been filed in Michigan challenging the ban on tax-funded abortions. Michigan’s Medicaid program covers birth control, preventative care and pregnancy care.
According to AP News, the lawsuit, filed on behalf of YWCA Kalamazoo, alleges that the coverage ban violates the right established in Michigan’s constitution and discriminates against those who choose abortion over childbirth. “No one should be denied reproductive health care because of who they are and how much money they have,” said Susan Rosas, chief executive of the YWCA Kalamazoo.
The passing of Amendment 4 could result in similar consequences for Florida taxpayers. Florida Financial Impact Statement regarding Amendment 4 states the following, “The proposed amendment would result in significantly more abortions and fewer live births per year in Florida. The increase in abortions could be even greater if the amendment invalidates laws requiring parental consent before minors undergo abortions and those ensuring only licensed physicians perform abortions. There is also uncertainty about whether the amendment will require the state to subsidize abortions with public funds. Litigation to resolve those and other uncertainties will result in additional costs to the state government and state courts that will negatively impact the state budget. An increase in abortions may negatively affect the growth of state and local revenues over time.”
Whether you’re in support or opposition, make sure to vote and make your voice heard this election season.
