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Florida’s 4th Amendment upholds the right to privacy in personal medical decisions, including the right to an abortion, by restricting the influence of lawmakers over individual healthcare choices. Additionally, it continues to require parental or a guardian documentation of approval before a minor can receive an abortion.
Before the 2022 Dobbs decision by the Supreme Court, Florida permitted abortions up to 24 weeks. Then in July 2022, this limit was reduced to 15 weeks.
After legal disputes with the Planned Parenthood of Southwest and Central Florida v. State of Florida early this spring, Florida’s Supreme Court justices concluded a 6-week abortion ban would go into effect until November, when it would be up to the public to vote on whether to continue this policy.
This means that after 6 weeks of pregnancy, woman can no longer receive an abortion in Florida unless they meet a statutory exception, like such as saving the life of the mother, or victims being a victim of rape, incest, or human trafficking.
If a patient within the 6-week window decides to proceed with an abortion, Florida requires a 24-hour mandatory waiting period for people seeking abortion care. This period includes two appointments at least 24 hours apart with the exception of a miscarriage and no fetal cardiac activity.
This law has made clear the difficulty women face in getting care in the state of Florida.
At 6 weeks, many women are still unaware they are pregnant because it is measured from the last menstrual period. A 6-week abortion ban effectively limits access to only about 4 weeks4-weeks post fertilization. With the time needed to confirm a pregnancy and secure the proper care, it becomes problematic to gain abortion access.
So far, more than 1.3 million Floridians have voted through mail-in ballots and early voting, and with that controversy, a lawsuit followed claiming “widespread voter fraud.”
A group of anti-abortion advocates associated with the DeSantis administration claimed that the backers of Amendment 4 did not reach the required signature count to secure a place on the ballot which led to questions over legitimacy.
At the same time, DeSantis is under fire for allegations concerning the usage of taxpayer funds for ads opposing Amendment 4, threatening legal action against TV stations airing pro-Amendment 4 ads, and deploying law enforcement to homes of people who signed petitions to put the measure on the ballots.
Despite all the legal disputes, advocates for the 4th Amendment reportedly are optimistic it will pass. The “Yes On 4” foundation has gone door-to-door, knocking on over 600,000 homes. They work endlessly, making more than 500,000 phone calls and sending 4 million text messages to get their message across.
Through this process, they found that voters did not know abortion laws have been restricted in the state of Florida. The organization works daily to educate families on what the actual policy is and how it harms women and families.
Abortion, historically, has been a sensitive topic that is rooted in individual values. Florida is providing the opportunity to allow voters to use their voice and vote based on personal beliefs on what individuals believe is good for the public.
Educating yourself on this year's ballot is crucial, as Amendment 4 could have significant impacts on many families and women in Florida.
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