The Florida Supreme Court has announced it will hear oral arguments on February 7 regarding a proposed constitutional amendment that hopes to enshrine the “right” to abortion in the state’s constitution.
The amendment is being promoted by a group called Floridians Protecting Freedom, which is a political committee supported by the Florida Alliance of Planned Parenthood Affiliates, the American Civil Liberties Union, and other pro-abortion groups.
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It reads: “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.”
The group Florida Voters Against Extremism (FVAE) has asked the Supreme Court not to accept this wording. FVAE, which is being represented by Liberty Counsel, contends that the amendment language is misleading and deceptive, and violates a state requirement that amendments have a single subject.
As Liberty Counsel previously stated:
The proposed amendment misleads voters and hides the true purpose behind the amendment and its effect, which is to enshrine a right of abortion in Florida for any reason, at any stage of the pregnancy. The effect of the proposed amendment would prevent the State of Florida from regulating all abortions that a vague and undefined “healthcare provider” may deem “necessary” to protect the woman’s “health.”
The amendment leaves the terms “necessary” or “health” purposefully undefined and vague, concealing that the true purpose is to confuse Florida voters and create an unrestricted right to abortion at all stages of pregnancy up to birth.
Liberty Counsel also contends that the amendment would allow partial-birth abortions.
“The language of this deceptive and deliberately confusing amendment would authorize abortion for any reason at any time up to birth. The proposed amendment does not meet the requirements for a voter initiative and must be rejected,” said Liberty Counsel Founder and Chairman Mat Staver.
In order for the proposed amendment to proceed, Floridians Protecting Freedom needs to collect 891,523 valid petition signatures before February 1, and the Supreme Court needs to approve the ballot language.
If it appears on the 2024 ballot, the measure requires 60% voter approval to pass.