Editorial: Protect Florida abortion rights by voting Yes on Amendment 4
Published in Op Eds
Americans want a middle ground on abortion, and they rightly believe that medical decisions should be left to patients and their doctors, not the government. By approving Amendment 4, Florida voters can return that balanced medical and legal environment to the Sunshine State.
Amendment 4 states that “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.” Fetal viability means the ability to live outside the womb, which has been put at about 24 weeks after conception.
The amendment would effectively reinstate protections for abortion that were enshrined for a half-century nationwide by the U.S. Supreme Court’s landmark 1973 Roe decision. Under Roe, the court held that the right to privacy implied in the 14th Amendment protected abortion as a fundamental right. The government, however, retained the authority to regulate or restrict abortion access depending on the stage of pregnancy. After viability, outright bans on abortion were permitted if they contained exceptions to preserve the life or health of the mother.
While states, health care providers and citizens fought in the ensuing decades over what restrictions government could impose, abortion was fundamentally legal across the U.S. That ended in June 2022, when a conservative majority on the Supreme Court overturned Roe, finding there was no federal constitutional right to abortion and handing the matter to the states.
Since the high court’s 2022 Dobbs decision, 14 states (largely concentrated in the south) have banned abortion, while others have imposed new restrictions. High courts in some states have interpreted their state constitution to guarantee abortion rights, and some state legislatures have passed laws protecting the procedure. Prior to Dobbs, abortions were legal in Florida up to the federal limits under Roe. But in 2022, the Florida legislature banned most abortions after 15 weeks. In 2023, the state moved further, with Gov. Ron DeSantis signing legislation banning abortion after six weeks with limited exceptions for rape, incest or the life of the mother. That six-week ban — one of the strictest in the nation — took effect in May.
Florida’s rush to curtail a right that existed for decades shows the danger of politicizing health care decisions and the extent the state’s Republican-led government is out of touch with public sentiment.
Under Florida’s six-week ban, women may have as little as two weeks after missing a period to seek medical treatment and confront a wrenching decision. The law requires two in-person doctor visits at least 24 hours apart before the six-week cutoff for an abortion, with a few exceptions. And while abortions for cases involving rape, incest or human trafficking are allowed up to 15 weeks of pregnancy, the woman must provide documentation, such as a restraining order or police report. That’s an intrusive requirement that ignores the reality that most sexual assaults go unreported. It also puts the onus on victims to spare themselves the consequences of a crime.
Florida law allows for an abortion at any point of pregnancy if the mother’s health or life is “at serious risk of substantial and irreversible physical impairment.” But a patient must get two physicians to certify in writing that an abortion is necessary. That could be difficult; violating the law is a third-degree felony, and physicians may fear that providing care could subject them to fines, the loss of a license to practice or even imprisonment.
Women deserve the time and discretion to make informed medical choices, and Amendment 4 would provide that space and autonomy. It also would give doctors the certainty they need to care for their patients and the medical profession the protection to serve a growing state. The measure is also in sync with public attitudes on abortion, where Americans have long balanced the issues of privacy and life. While public support has fluctuated over time, polls consistently show U.S. adults endorse abortion access; currently, 63% say abortion should be legal in all or most cases, according to the Pew Research Center. Gallup has reported majority support for abortion almost continually since the 1970s.
A recent survey of likely Florida voters from the University of North Florida’s Public Opinion Research Lab showed that 69% of those surveyed said they’d vote yes on Amendment 4, clearing the 60% threshold required for adoption. That’s in line with the reaction in other states to Dobbs. Since the high court overturned Roe in 2022, seven U.S. states have voted on abortion-related constitutional amendments, and the side favoring access prevailed in every state.
Some 13 states could consider abortion-related amendments to their constitution this election year. Florida’s Amendment 4, which made the ballot through a citizen’s initiative, is consistent with the national mood. Elevating it to a constitutional right is essential to protecting this fundamental freedom. The Tampa Bay Times Editorial Board recommends a Yes vote on Amendment 4.
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