Effort to constitutionally protect abortion in Florida set to be considered by Supreme Court

TALLAHASSEE, Fla. – The organization responsible for an effort to constitutionally protect abortion in Florida announced that the state’s supreme court will soon rule on its official placement before voters for November.

“We received official notice today from the Secretary of State,” Floridians Protecting Freedom announced. “The amendment to limit government interference is official! We got our number! Now, all eyes are on the Supreme Court of Florida to let us vote Yes on 4 in ‘24!”

As of late-January, the “Amendment to Limit Government Interference with Abortion” has nearly one million valid signatures, over the required threshold for ballot placement of 891,523.

Below is the ballot summary voters would see on their general election ballots come Nov. 5:

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.

“Our campaign to limit government interference with abortion reached a historic milestone with the assignment of an official ballot number,” said the group’s campaign director, Lauren Brenzel. “This November, Floridians should have the chance to vote for Amendment 4 to return control of our bodies and futures back to us, where these personal decisions belong.”

The organization pointed to states increasing abortion restrictions since the landmark U.S. Supreme Court case Roe v. Wade was overturned in 2022.

Florida has passed a 15-week and six-week abortion ban over the past couple years, but the 15-week ban is pending a ruling from the Supreme Court of Florida.

Should that restriction be upheld, the six-week ban would take effect.

The amendment, if placed on the ballot, would require at least 60% voter approval to take effect in 2025. And if the amendment to the Florida Constitution does take effect, it would effectively nullify Florida’s restrictions on abortion at six or 15 weeks, if the legal definition of “viability” maintains at around 23 to 24 weeks.

Florida Attorney General Ashley Moody had asked the state’s superior court to determine the initiative’s legality last year.

In an opinion article for Florida’s Voice, Moody said her opposition to the ballot initiative does not only stem from her pro-life stance, but is also based on legal reasons.

“As just one example of how misleading this initiative is, the initiative creates a right to abortion through ‘viability,'” Moody wrote. “As any mother knows, ‘viability’ has two meanings when it comes to pregnancy.”

Moody said that viability can be defined as the typical 21-to-25 weeks of pregnancy for the fetus, but also could be whether a pregnancy is “expected to continue developing normally through delivery.”

“As attorney general, I have a constitutional and statutory duty to inform the Florida Supreme Court when ballot initiatives will confuse voters,” she said.