Floridians will vote on defining a right to abortion after state Supreme Court ruling

TALLAHASSEE, Fla. – The Supreme Court of Florida ruled Monday in favor of a November election ballot initiative to enshrine abortion rights.

Below is the language of the amendment, which would constitutionally protect abortion, overriding any state laws, before “viability” or when the woman’s health is in jeopardy.

Limiting government interference with abortion.— Except as provided in Article X, Section 22, 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 had argued against the initiative, saying the language of the initiative is misleading, vying for it to be legally disqualified from appearance on the ballot.

The court is also still going to issue a decision on upholding or striking down Florida’s 15-week abortion ban. If upheld, the state’s six-week ban would take effect.

Now that the initiative was approved for ballot placement by the state’s highest court, voters will get a chance to approve or deny it on Nov. 5.

For it to pass, at least 60% must vote in favor.

If the effort does indeed pass, Florida’s restrictive laws would be overturned by the constitutional provision.

The amendment defines no set week point for “viability,” but is traditionally believed to be anywhere from 20 to 25 weeks – a wide range, considering it could make the difference between the life and death of a potentially “viable” child.

Republican Party of Florida Chairman Evan Power scathed the decision, saying it was “deceptively worded,” echoing Moody’s arguments.

“If passed, it will allow abortions up to 6 months of pregnancy and, thanks to a loophole,  even to point of birth,” Power said. “Florida will become the most pro-abortion state in the southern U.S. That is NOT what Florida wants, and the Republican Party of Florida will fight to inform voters on the dangers of this amendment.”

“Don’t count Florida out! #TakeBackFL,” said Florida Democratic Party Chairwoman Nikki Fried. “Our rights are LITERALLY on the ballot. Check your voter status and be part of the movement.”