 | ||
| ||
Amendment to Limit Government Interference with Abortion | ||
Florida Amendment 4 is a proposed amendment to the Florida Constitution that will be subject to a referendum in November 2024. [1] The amendment would establish a constitutional right to abortion before fetal viability (generally considered to be between 23 and 24 weeks gestational age). A 60% supermajority vote is required for the amendment to be approved. [2] [3]
Content
The ballot summary for the amendment states: [4]
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.
If approved, the initiative would add the following text to Article I of the Florida Constitution:
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.
Legal challenges
Florida Attorney General Ashley Moody, a Republican, has opposed the ballot initiative since October 2023, when she asked the Florida Supreme Court to analyse the ballot initiative. [5] [6] In November 2023, Moody urged the Florida Supreme Court to block the ballot initiative, as she questioned the definition of "viability" and argued that the ballot initiative will "lay ticking time bombs that will enable abortion proponents later to argue that the amendment has a much broader meaning than voters would ever have thought". [7]
The Florida Supreme Court in April 2024 approved Florida Amendment 4 to be placed on the ballot for voting in November 2024, because it adequately satisfied the requirements set. [8] Despite Florida Attorney General Ashley Moody arguing that some of the language was deceptive, the Florida Supreme Court instead ruled that "it cannot be said that the ballot summary will mislead voters regarding the actual text of the proposed amendment." [9] The Florida Supreme Court further stated that "the broad sweep of this proposed amendment is obvious in the language of the summary. Denying this requires a flight from reality", while ruling that there is "no basis for concluding that the proposed amendment is facially invalid under the United States Constitution." [8] [10]
Support and opposition
- Statewide officials
- Nikki Fried, 12th Agriculture Commissioner of Florida (2019–2023) and Chair of the Florida Democratic Party (Democrat) [11]
- U.S. Representatives
- Kathy Castor, U.S. representative from FL-14 (2007–present) [a] (Democrat) [12]
- Sheila Cherfilus-McCormick, U.S. representative from FL-20 (2022–present) (Democrat) [13]
- Lois Frankel, U.S. representative from FL-22 (2013–present) (Democrat) [14]
- Maxwell Frost, U.S. representative from FL-10 (2023–present) (Democrat) [15]
- Jared Moskowitz, U.S. representative from FL-25 (2023–present) (Democrat) [16]
- Debbie Wasserman Schultz, U.S. representative from FL-25 (2005–present) [b] (Democrat) [17]
- Frederica Wilson, U.S. representative from FL-24 (2011–present) [c] (Democrat) [18]
- State Senators
- Lauren Book, Minority Leader of the Florida Senate (2021–present) and state senator from the 35th district (2020–present) (Democrat) [19]
- Shevrin Jones, state senator from the 34th district (2020–present) (Democrat) [3]
- State Representatives
- Rita Harris, state representative from the 44th district (2022–present) (Democrat) [20]
- Dianne Hart state representative from the 61st district (2018–present) (Democrat) [21]
- Tom Keen state representative from the 35th district (2024–present) (Democrat) [22]
- Susan Valdes state representative from the 64th district (2022–present) (Democrat) [23]
- Labor unions
- U.S. Senators
- Marco Rubio, U.S. Senator from Florida (2011–present) (Republican) [25]
Florida Governor Ron DeSantis in April 2024 criticized Florida Amendment 4 as "radical" and "very, very extreme". [26] Florida State Senator Shevrin Jones supported the amendment, stating "Abortion IS healthcare, and every Floridian should be able to access the care they need without government interference." [3]
Former President Donald Trump, who is a Florida resident and the presumptive Republican presidential nominee for the 2024 presidential election, has not indicated how he plans to vote on the amendment. He has spoken against a national abortion ban, and has criticized both the 6-week ban passed by the Florida legislature and abortions later in pregnancy. [27]
Polling
| Poll source | Date(s) administered |
Sample size [d] |
Margin of error |
For | Against | Undecided |
|---|---|---|---|---|---|---|
| Florida Atlantic University/Mainstreet Research | April 15–17, 2024 | 865 (A) | ± 3.3% | 49% | 19% | 32% |
| Emerson College | April 9–10, 2024 | 1,000 (RV) | ± 3.0% | 42% | 25% | 32% |
| USA Today/Ipsos | April 5–7, 2024 | 890 (RV) | ± 4.1% | 57% | 36% | 6% |
| University of North Florida | November 6–26, 2023 | 716 (RV) | ± 4.37% | 62% | 29% | 9% |
Notes
References
- ^ Lizza, Ryan (April 6, 2024). "Abortion Might Be a Winning Issue — Even in Florida". Politico Magazine. Retrieved April 13, 2024.
- ^ "Florida Amendment 4, Right to Abortion Initiative (2024)". Ballotpedia. Retrieved 6 April 2024.
- ^ a b c Miami Times Staff (2 April 2024). "Recreational weed and abortion referendums approved for Florida ballot". The Miami Times. Retrieved 6 April 2024.
- ^ "Amendment to Limit Government Interference with Abortion". Florida Division of Elections. Retrieved 13 April 2024.
- ^ "Florida's Republican attorney general will oppose putting abortion rights amendment on 2024 ballot". Associated Press. October 11, 2023. Retrieved April 13, 2024.
- ^ "Florida Attorney General Ashley Moody to fight abortion amendment". CBS Miami. October 9, 2023. Retrieved April 13, 2024.
- ^ Farrington, Brendan (November 2, 2023). "Florida attorney general, against criticism, seeks to keep abortion rights amendment off 2024 ballot". Associated Press. Retrieved April 13, 2024.
- ^ a b Mizelle, Shawna (April 1, 2024). "Florida Supreme Court clears the way for abortion ballot initiative while upholding 15-week abortion ban". CBS News. Retrieved April 13, 2024.
- ^ Suarez, Carlos; Royal, Denise; Forrest, Jack (April 2, 2024). "Florida six-week abortion ban will soon become law, but voters will consider a constitutional amendment this fall". CNN. Retrieved April 13, 2024.
- ^ Saunders, Jim (April 9, 2024). "Abortion proposal on Florida's November ballot might not end legal fights about the issue". WUSF (FM). Retrieved April 15, 2024.
- ^ @NikkiFried (April 10, 2024). "My grandmother had to go to Cuba for an abortion, it scarred her for life- literally. Floridians are NOT ok going back in time! #Yeson4" ( Tweet) – via Twitter.
- ^ @KathyCastorFL (April 1, 2024). "Abortion rights are on the ballot this November, and it's up to us to get to the 60%. Floridians believe women should make personal health decisions, not DeSantis or any other politician. Don't agonize, organize!!" ( Tweet) – via Twitter.
- ^ @CongresswomanSC (April 1, 2024). "I applaud the Florida Supreme Court's decision today to allow a ballot initiative empowering Floridians to vote on safeguarding abortion rights. This marks significant progress and underscores that reproductive rights belong in the hands of patients, not politicians" ( Tweet) – via Twitter.
- ^ @LoisFrankel (April 12, 2024). "*In case you missed it* Florida made a historic move with Amendment 4 passing! This ballot initiative on abortion rights signals a significant step forward for reproductive freedom. Make sure you re-register for your ballot to Vote YES on 4!" ( Tweet) – via Twitter.
- ^ @MaxwellFrostFL (December 15, 2023). "Florida!! We are very close to having enough petitions signed to get abortion on the ballot. You can sign the petition here 👇🏾https://floridiansprotectingfreedom.com/petition/" ( Tweet) – via Twitter.
- ^ @RepMoskowitz (April 1, 2024). "I applaud the Florida Supreme Court's decision today to allow a ballot initiative protecting abortion rights in the Sunshine State. Everyone deserves the right to make their own healthcare decisions, and this referendum gives women the opportunity to voice that opinion" ( Tweet) – via Twitter.
- ^ @DWStweets (January 5, 2024). "🚨ALERT FLA VOTERS🚨 It's official: #AbortionOnTheBallot has enough signatures to qualify for the election. Next up Florida's Supreme Court will hear arguments 2/7 on the amendment to ensure we have abortion rights in our state. It's time to protect womens' right to choose!" ( Tweet) – via Twitter.
- ^ @RepWilson (October 18, 2023). "The U.S. Supreme Court has eviscerated Roe v. Wade. Florida groups are coming together to protect our reproductive rights from extreme politicians in Tallahassee. Sign onto @FLProtectFree's ballot initiative today because a woman's body belongs to HER! http://FloridiansProtectingFreedom.com" ( Tweet) – via Twitter.
- ^ @LeaderBookFl (May 10, 2023). "If you are a Florida voter, print the petition from the website below — then sign & send to: Ballot Initiative Collection 2300 N. Florida Mango Road West Palm Beach, FL 33409" ( Tweet) – via Twitter.
- ^ @RitaForFloria (April 13, 2024). "Today I stood with my colleagues and advocates to spread the message that Healthcare is on the ballot! We cannot allow Florida to return to the dark ages concerning women's health care. In November let's vote #YesOn4" ( Tweet) – via Twitter.
- ^ @DianneHartFL (April 19, 2024). "It was great to kick off the campaign for #yeson4! Saw so many amazing friends and advocates! So much energy! I know that we can and will win! 🙌" ( Tweet) – via Twitter.
- ^ @KeenForFL (April 14, 2024). "An amazing day with @Men_4_Choice in Orlando. #YesOn4 to protect your right to choose" ( Tweet) – via Twitter.
- ^ @SusanLValdesFL (April 18, 2024). "Today I spoke against the 6 week abortion ban. This is extremist legislation that has politicians interfering in what should be a personal medical decision. Floridians can still fight back by voting #YesOn4 and voting for politicians that support your right to bodily autonomy" ( Tweet) – via Twitter.
- ^ "Statement from Roxey Nelson of 1199SEIU United Healthcare Workers East On Florida Supreme Court Amendment 4 Reproductive Rights Ruling". 1199SEIU United Healthcare Workers East. 1 April 2024. Retrieved 21 April 2024.
- ^ Christopher Heath (16 April 2024). "Florida Abortion amendment gets a 'no' from Sen. Rubio". WFTV9. Retrieved 19 April 2024.
- ^ "Gov. DeSantis calls abortion, marijuana ballot amendments too "radical" to pass". CBS Miami. April 5, 2024. Retrieved April 13, 2024.
- ^ Leonard, Kimberly; Sarkissian, Arek (10 April 2024). "Trump's abortion stance could put Florida Republicans in a bind". Politico. Retrieved 21 April 2024.
External links
- Advisory Opinion to the Attorney General re: Limiting Government Interference with Abortion – issued April 1, 2024 by the Supreme Court of Florida
| ||
| ||
Amendment to Limit Government Interference with Abortion | ||
Florida Amendment 4 is a proposed amendment to the Florida Constitution that will be subject to a referendum in November 2024. [1] The amendment would establish a constitutional right to abortion before fetal viability (generally considered to be between 23 and 24 weeks gestational age). A 60% supermajority vote is required for the amendment to be approved. [2] [3]
Content
The ballot summary for the amendment states: [4]
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.
If approved, the initiative would add the following text to Article I of the Florida Constitution:
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.
Legal challenges
Florida Attorney General Ashley Moody, a Republican, has opposed the ballot initiative since October 2023, when she asked the Florida Supreme Court to analyse the ballot initiative. [5] [6] In November 2023, Moody urged the Florida Supreme Court to block the ballot initiative, as she questioned the definition of "viability" and argued that the ballot initiative will "lay ticking time bombs that will enable abortion proponents later to argue that the amendment has a much broader meaning than voters would ever have thought". [7]
The Florida Supreme Court in April 2024 approved Florida Amendment 4 to be placed on the ballot for voting in November 2024, because it adequately satisfied the requirements set. [8] Despite Florida Attorney General Ashley Moody arguing that some of the language was deceptive, the Florida Supreme Court instead ruled that "it cannot be said that the ballot summary will mislead voters regarding the actual text of the proposed amendment." [9] The Florida Supreme Court further stated that "the broad sweep of this proposed amendment is obvious in the language of the summary. Denying this requires a flight from reality", while ruling that there is "no basis for concluding that the proposed amendment is facially invalid under the United States Constitution." [8] [10]
Support and opposition
- Statewide officials
- Nikki Fried, 12th Agriculture Commissioner of Florida (2019–2023) and Chair of the Florida Democratic Party (Democrat) [11]
- U.S. Representatives
- Kathy Castor, U.S. representative from FL-14 (2007–present) [a] (Democrat) [12]
- Sheila Cherfilus-McCormick, U.S. representative from FL-20 (2022–present) (Democrat) [13]
- Lois Frankel, U.S. representative from FL-22 (2013–present) (Democrat) [14]
- Maxwell Frost, U.S. representative from FL-10 (2023–present) (Democrat) [15]
- Jared Moskowitz, U.S. representative from FL-25 (2023–present) (Democrat) [16]
- Debbie Wasserman Schultz, U.S. representative from FL-25 (2005–present) [b] (Democrat) [17]
- Frederica Wilson, U.S. representative from FL-24 (2011–present) [c] (Democrat) [18]
- State Senators
- Lauren Book, Minority Leader of the Florida Senate (2021–present) and state senator from the 35th district (2020–present) (Democrat) [19]
- Shevrin Jones, state senator from the 34th district (2020–present) (Democrat) [3]
- State Representatives
- Rita Harris, state representative from the 44th district (2022–present) (Democrat) [20]
- Dianne Hart state representative from the 61st district (2018–present) (Democrat) [21]
- Tom Keen state representative from the 35th district (2024–present) (Democrat) [22]
- Susan Valdes state representative from the 64th district (2022–present) (Democrat) [23]
- Labor unions
- U.S. Senators
- Marco Rubio, U.S. Senator from Florida (2011–present) (Republican) [25]
Florida Governor Ron DeSantis in April 2024 criticized Florida Amendment 4 as "radical" and "very, very extreme". [26] Florida State Senator Shevrin Jones supported the amendment, stating "Abortion IS healthcare, and every Floridian should be able to access the care they need without government interference." [3]
Former President Donald Trump, who is a Florida resident and the presumptive Republican presidential nominee for the 2024 presidential election, has not indicated how he plans to vote on the amendment. He has spoken against a national abortion ban, and has criticized both the 6-week ban passed by the Florida legislature and abortions later in pregnancy. [27]
Polling
| Poll source | Date(s) administered |
Sample size [d] |
Margin of error |
For | Against | Undecided |
|---|---|---|---|---|---|---|
| Florida Atlantic University/Mainstreet Research | April 15–17, 2024 | 865 (A) | ± 3.3% | 49% | 19% | 32% |
| Emerson College | April 9–10, 2024 | 1,000 (RV) | ± 3.0% | 42% | 25% | 32% |
| USA Today/Ipsos | April 5–7, 2024 | 890 (RV) | ± 4.1% | 57% | 36% | 6% |
| University of North Florida | November 6–26, 2023 | 716 (RV) | ± 4.37% | 62% | 29% | 9% |
Notes
References
- ^ Lizza, Ryan (April 6, 2024). "Abortion Might Be a Winning Issue — Even in Florida". Politico Magazine. Retrieved April 13, 2024.
- ^ "Florida Amendment 4, Right to Abortion Initiative (2024)". Ballotpedia. Retrieved 6 April 2024.
- ^ a b c Miami Times Staff (2 April 2024). "Recreational weed and abortion referendums approved for Florida ballot". The Miami Times. Retrieved 6 April 2024.
- ^ "Amendment to Limit Government Interference with Abortion". Florida Division of Elections. Retrieved 13 April 2024.
- ^ "Florida's Republican attorney general will oppose putting abortion rights amendment on 2024 ballot". Associated Press. October 11, 2023. Retrieved April 13, 2024.
- ^ "Florida Attorney General Ashley Moody to fight abortion amendment". CBS Miami. October 9, 2023. Retrieved April 13, 2024.
- ^ Farrington, Brendan (November 2, 2023). "Florida attorney general, against criticism, seeks to keep abortion rights amendment off 2024 ballot". Associated Press. Retrieved April 13, 2024.
- ^ a b Mizelle, Shawna (April 1, 2024). "Florida Supreme Court clears the way for abortion ballot initiative while upholding 15-week abortion ban". CBS News. Retrieved April 13, 2024.
- ^ Suarez, Carlos; Royal, Denise; Forrest, Jack (April 2, 2024). "Florida six-week abortion ban will soon become law, but voters will consider a constitutional amendment this fall". CNN. Retrieved April 13, 2024.
- ^ Saunders, Jim (April 9, 2024). "Abortion proposal on Florida's November ballot might not end legal fights about the issue". WUSF (FM). Retrieved April 15, 2024.
- ^ @NikkiFried (April 10, 2024). "My grandmother had to go to Cuba for an abortion, it scarred her for life- literally. Floridians are NOT ok going back in time! #Yeson4" ( Tweet) – via Twitter.
- ^ @KathyCastorFL (April 1, 2024). "Abortion rights are on the ballot this November, and it's up to us to get to the 60%. Floridians believe women should make personal health decisions, not DeSantis or any other politician. Don't agonize, organize!!" ( Tweet) – via Twitter.
- ^ @CongresswomanSC (April 1, 2024). "I applaud the Florida Supreme Court's decision today to allow a ballot initiative empowering Floridians to vote on safeguarding abortion rights. This marks significant progress and underscores that reproductive rights belong in the hands of patients, not politicians" ( Tweet) – via Twitter.
- ^ @LoisFrankel (April 12, 2024). "*In case you missed it* Florida made a historic move with Amendment 4 passing! This ballot initiative on abortion rights signals a significant step forward for reproductive freedom. Make sure you re-register for your ballot to Vote YES on 4!" ( Tweet) – via Twitter.
- ^ @MaxwellFrostFL (December 15, 2023). "Florida!! We are very close to having enough petitions signed to get abortion on the ballot. You can sign the petition here 👇🏾https://floridiansprotectingfreedom.com/petition/" ( Tweet) – via Twitter.
- ^ @RepMoskowitz (April 1, 2024). "I applaud the Florida Supreme Court's decision today to allow a ballot initiative protecting abortion rights in the Sunshine State. Everyone deserves the right to make their own healthcare decisions, and this referendum gives women the opportunity to voice that opinion" ( Tweet) – via Twitter.
- ^ @DWStweets (January 5, 2024). "🚨ALERT FLA VOTERS🚨 It's official: #AbortionOnTheBallot has enough signatures to qualify for the election. Next up Florida's Supreme Court will hear arguments 2/7 on the amendment to ensure we have abortion rights in our state. It's time to protect womens' right to choose!" ( Tweet) – via Twitter.
- ^ @RepWilson (October 18, 2023). "The U.S. Supreme Court has eviscerated Roe v. Wade. Florida groups are coming together to protect our reproductive rights from extreme politicians in Tallahassee. Sign onto @FLProtectFree's ballot initiative today because a woman's body belongs to HER! http://FloridiansProtectingFreedom.com" ( Tweet) – via Twitter.
- ^ @LeaderBookFl (May 10, 2023). "If you are a Florida voter, print the petition from the website below — then sign & send to: Ballot Initiative Collection 2300 N. Florida Mango Road West Palm Beach, FL 33409" ( Tweet) – via Twitter.
- ^ @RitaForFloria (April 13, 2024). "Today I stood with my colleagues and advocates to spread the message that Healthcare is on the ballot! We cannot allow Florida to return to the dark ages concerning women's health care. In November let's vote #YesOn4" ( Tweet) – via Twitter.
- ^ @DianneHartFL (April 19, 2024). "It was great to kick off the campaign for #yeson4! Saw so many amazing friends and advocates! So much energy! I know that we can and will win! 🙌" ( Tweet) – via Twitter.
- ^ @KeenForFL (April 14, 2024). "An amazing day with @Men_4_Choice in Orlando. #YesOn4 to protect your right to choose" ( Tweet) – via Twitter.
- ^ @SusanLValdesFL (April 18, 2024). "Today I spoke against the 6 week abortion ban. This is extremist legislation that has politicians interfering in what should be a personal medical decision. Floridians can still fight back by voting #YesOn4 and voting for politicians that support your right to bodily autonomy" ( Tweet) – via Twitter.
- ^ "Statement from Roxey Nelson of 1199SEIU United Healthcare Workers East On Florida Supreme Court Amendment 4 Reproductive Rights Ruling". 1199SEIU United Healthcare Workers East. 1 April 2024. Retrieved 21 April 2024.
- ^ Christopher Heath (16 April 2024). "Florida Abortion amendment gets a 'no' from Sen. Rubio". WFTV9. Retrieved 19 April 2024.
- ^ "Gov. DeSantis calls abortion, marijuana ballot amendments too "radical" to pass". CBS Miami. April 5, 2024. Retrieved April 13, 2024.
- ^ Leonard, Kimberly; Sarkissian, Arek (10 April 2024). "Trump's abortion stance could put Florida Republicans in a bind". Politico. Retrieved 21 April 2024.
External links
- Advisory Opinion to the Attorney General re: Limiting Government Interference with Abortion – issued April 1, 2024 by the Supreme Court of Florida