The Florida Supreme Court on Monday overturned decades of precedent, ruling that the state constitution's privacy protections do not extend to abortions, effectively banning Florida from performing abortions after six weeks of pregnancy. admitted.
But in a separate ruling released at the same time, the justices allowed Florida voters to decide whether to expand abortion access this fall. The court ruled 4-3 that a constitutional amendment guaranteeing the right to an abortion “before the term of viability” (usually around 24 weeks) could be placed on the November ballot.
The decision marks a single day in a single state about how the country has approached the issue of abortion since the U.S. Supreme Court overturned Roe v. Wade, which established a federal right to abortion in 1973. It is summarized in.
The conservative-leaning court ruled 6-1 that a 15-week abortion ban enacted in 2022 is constitutional. The ruling, in response to a lawsuit filed by Planned Parenthood, the American Civil Liberties Union, and several abortion providers, allows a six-week ban enacted last year to go into effect by May 1. Make it.
“Our analysis finds that the Privacy Clause does not include a clear right to abortion, that Planned Parenthood cannot overcome the presumption of constitutionality, and that there is no reasonable explanation that the 15-week ban is unconstitutional. cannot be proven beyond a reasonable doubt,” Judge Jamie R. Grosshans wrote. In the majority opinion.
In paving the way for the six-week ban, the court quickly transforms Florida, once a destination for women seeking abortions in the American South, into a place with restrictive policies similar to surrounding states. I let it happen.
But by allowing the ballot measure, giving voters the opportunity to weigh in directly on the issue, abortion rights supporters will continue their national campaign to preserve access to abortion procedures. I was able to get the opportunity. Ballot measures supporting abortion rights have already been successful in several states, including Ohio and Michigan.
“Today is a historic day in the fight for abortion access in Florida,” said Lauren Brenzel, director of the Yes on For campaign, which introduced the ballot measure. “Decisions about abortion will no longer be left to politicians who are divorced from the realities of Floridians’ daily lives.”
Abortion rights groups are trying to put measures on the ballot to ensure access to abortion in about 10 states. Florida is the largest of those states.
Historically, many women from southern states with strict abortion regulations have traveled to Florida to obtain abortions. They will now have to undergo abortions in faraway places, perhaps in Virginia or Washington, D.C. Few women know they are pregnant after six weeks of birth, and their right to an abortion is Supporters argue that a stricter ban, if it goes into effect, would be tantamount to a near-total ban.
In ruling to allow the six-week ban to take effect, a majority of the justices argued that past abortion cases were wrongly decided based on overly broad interpretations of the state constitution's privacy clause, which the U.S. Supreme Court This is similar to the argument of I made it by flipping the row over.
The Privacy Clause of the Florida Constitution states, “Every natural person has the right to be free and left alone from government interference in his or her private life.” The Florida Supreme Court first ruled that it applied to abortion in 1989. In 2012, voters rejected an amendment that exempted abortion from constitutional privacy protections.
But on Monday, a majority of the justices found, among other things, that voters understood the privacy clause to apply to abortions when it was added to the state constitution in 1980, citing public opinion and legislative debate at the time. He said there was no.
Justice Jorge Labarga, the sole dissenter, said the ruling would have far-reaching implications.
“The impact of today's decision extends far beyond the 15-week ban at issue in this lawsuit,” he wrote. “By operation of state law, the majority's decision would impose even more stringent abortion restrictions in this state.”
The justices narrowly approved the ballot measure, saying it complies with Florida's requirements that ballot measures be clear and focused on a single subject. Opponents argued, in part, that the wording of the ballot question was too vague and could lead to more years of litigation.
Neither of Monday's rulings came as a surprise. The seven-judge court leans politically to the right, with Republican Gov. Ron DeSantis appointing four of the justices. But while the court had set a Monday deadline for ruling on abortion, it did not have a similar deadline for ruling on abortion bans.
By issuing both decisions on the same day, the court handed abortion opponents a long-awaited ruling narrowing privacy protections. But by also allowing a voting system to expand access to abortion, these groups were given little time to celebrate.
Immediately after the court's ruling, opponents and supporters of the ballot measure accused the other side of being extreme, perhaps foreshadowing the campaign's message.
Republican lawmakers who supported the 15-week and 6-week abortion bans argued that the ballot measure would allow abortions later in pregnancy. Abortions after 21 weeks are extremely rare and are usually performed after a serious medical diagnosis.
“This is not about government intervention in abortion, it's about allowing abortion up until the moment of birth,” said state Sen. Erin Goulart, a Vero Beach resident who sponsored the six-week ban.
Brenzel countered that it was the lawmakers who were out of step with the majority of Floridians. Polls show most Floridians think abortion should be legal in most cases.
Danielle Tarafas, a Central Florida resident who had an abortion at 22 weeks after learning her fetus had a life-limiting heart condition before Florida restricted the procedure, said women should consult their doctors. However, she said that she should make the decision to terminate the pregnancy. .
“My mind has been in turmoil since the Supreme Court overturned Roe v. Wade and passed Florida's 15-week abortion ban,” she said. “Today I am filled with hope that the people of this state will be able to vote in November to restore access to abortion to the women of this state.”