Florida Rejects Push to Make Abortion a Right

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The move marks the first loss for abortion rights on the ballot since the Supreme Court’s Dobbs decision.

A fierce battle over the legality of abortion in Florida came to a head on Nov. 5, when the state’s voters became the first in the nation to reject a push to enshrine a right to abortion in the state’s constitution since the U.S. Supreme Court’s Dobbs decision.

After overcoming multiple legal challenges to secure its spot on Florida’s general election ballot, Amendment 4 failed to clear the final obstacle to its passage: the voters.

A 60 percent majority was required for the measure’s adoption. At 9 p.m. on election night with 91 percent of the vote in, the measure had received 57 percent of the vote.

The amendment sought to establish a right to abortion until fetal viability—the point at which a baby can survive outside the womb—or at any time if deemed necessary to protect the mother’s health by a “healthcare provider.”

Its adoption would have nullified the state’s six-week abortion law, which took effect in May. That law states that abortion is illegal once a pregnancy passes the six-week mark. The law includes limited exceptions for situations involving rape, incest, human trafficking, or a serious threat to the mother’s physical health.

Susan B. Anthony Pro-Life America President Marjorie Dannenfelser celebrated the voters’ decision in a statement.

“The demise of pro-abortion Amendment 4 is a momentous victory for life in Florida and for our entire country,” Dannenfelser said. “Thanks to Gov. Ron DeSantis, when we wake up tomorrow, babies with beating hearts will still be protected in the free state of Florida.”

DeSantis fought hard against the ballot amendment, arguing that its broad language failed to define the specific conditions under which an abortion could be performed, and by whom.

He also held that the law would undo existing parental consent requirements for minors seeking abortions, bar the state from enacting regulations to protect pregnant women, and effectively allow for abortion up until the moment of birth.

“This Amendment 4, this is an intentional deception on the public,” DeSantis said at an Oct. 30 press conference in Clearwater, surrounded by a group of doctors who opposed the amendment.

Florida Attorney General Ashley Moody made the same arguments in challenging the amendment’s validity before the state’s Supreme Court. But the court found those arguments unconvincing and approved the measure for the ballot.

Floridians Protecting Freedom, the yes campaign for the amendment, sued the Florida Health Department over its attempts to stop TV stations from airing ads supporting the measure that state officials said misrepresented the state’s current law.

A ruling has yet to be issued in the case.

Yes on 4 Campaign Director Lauren Brenzel criticized the state’s “crusade” against Amendment 4 in an Oct. 16 statement.

“The State cannot coerce television stations into removing political speech from the airwaves in an attempt to keep their abortion ban in place,” Brenzel said.

“We will continue our campaign in the face of this blatant government interference, but we must remain focused and continue to organize our communities because the choice this November is to either keep a near-total abortion ban with no real exceptions for rape, incest, or the health of the woman OR to vote YES on Amendment 4 and limit the government from intervening with private medical decisions.”

The amendment faced another obstacle in the final weeks of the election: allegations of fraud.

The state’s Office of Election Crimes and Security alleged that the petition’s circulators forged signatures to secure the amendment’s placement on the ballot. Law enforcement is reportedly investigating 60 individuals in connection with the case.