The Florida Supreme Court isued two-abortion-related rulings on Monday. One decision will allow a law banning abortion after 15 weeks to take effect, which in turn means another law banning abortion from six weeks can also go into effect. However, that may only be the case until the election in November, as the other decision allows the questions of abortion as a constitutional right to officially be on the ballot.
Governor Ron DeSantis had signed HB 5, the Reducing Fetal and Infant Mortality bill in April 2022, the law making it to the state Supreme Court after an injunction was tossed out. The Heartbeat Protection Act, HB 7, was passed and signed into law in April 2023, contingent upon whether the state Supreme Court upheld HB 5. HB 7 is thus set to take effect 30 days from the ruling.
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One day, two Supreme Court decisions
Florida’s Supreme Court ruled in Planned Parenthood of Southwest and Central Florida v. State of Florida April 1 and issued an advisory opinion to the state Attorney General on a separate abortion-related matter.
Planned Parenthood v. Florida addressed whether the “right” to abortion was protected under the state constitution’s privacy clause. Clarity was needed to determine whether Florida’s 15-week abortion ban could constitutionally remain in effect.
In this case, the Court ruled 6-1 that abortion was not protected under the state’s privacy clause despite the precedent set in In re T.W., and upheld the state’s 15-week abortion law, with Justice Jorge Labarga dissenting.
The Justices referenced Dobbs in this decision, stating in the ruling, “We conclude there is no basis under the Privacy Clause to invalidate the statute. In doing so, we recede from our prior decisions in which—relying on reasoning the U.S. Supreme Court has rejected—we held that the Privacy Clause guaranteed the right to receive an abortion through the end of the second trimester.”
In a separate decision, the Court also issued an advisory opinion addressing the state Attorney General’s concerns regarding the validity of a proposed citizen initiative amendment to the Florida Constitution.
In the opinion, the Court ruled 4-3 that the Amendment to Limit Government Interference with Abortion could be placed on the ballot in November.
The impact of the rulings
Due to Monday’s decision in Planned Parenthood v. Florida, the state’s 15-week abortion law will remain in effect. The 15-week ban went into effect July 1, 2022, and allows abortion after 15 weeks only when necessary to save the life of the mother.
Pro-life advocates are pleased because the ruling also means the state’s heartbeat law will go into effect on May 1.
DeSantis signed the Heartbeat Protection Act (SB 300) April 13 of last year, but the legislation had the caveat that it would only go into effect 30 days after the Florida Supreme Court allowed the 15-week abortion law to stand, or receded it in whole or part from previous precedent - both of which happened Monday.
The Heartbeat Protection Act will prohibit abortion after a fetal heartbeat can be detected, usually around six weeks gestation. Exceptions will include:
- When two physicians certify in writing that abortion is necessary to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function
- When the woman is a victim of rape, incest, or human trafficking and not more than 15 weeks pregnant
- When two physicians certify in writing that the fetus has a fatal fetal abnormality and the abortion is performed before the third trimester
The Heartbeat Protection Act will also amend the wording of s.381.96 to ensure eligible clients for pregnancy and parenting support and wellness services include women who suspect they’re pregnant, women who are currently pregnant, and parents or legal guardians of children who were born within the last 12 months or children who were adopted within the last 12 months and are under 3 years old and their families.
Due to Monday’s second decision, the fate of both the Heartbeat Protection Act and any abortion law in Florida that may be passed before November now rests in the hands of voters, since a proposed amendment to the state’s constitution will appear on the ballot.
Amendment 4, formerly known as “Amendment to Limit Government Interference with Abortion” will read, “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.”
Pro-life advocates have concerns that the wording of the ballot initiative is deceptive and confusing, pointing out that voters who would usually reject allowing unrestricted abortion before viability may potentially vote yes to protect the mother’s health, which is already protected under current state law. However, the Florida Supreme Court said the measure could appear on the ballot as is.
What's next?
As of publication time, abortion is limited to the first 15 weeks of pregnancy. On May 1, abortion will only be allowed up to 6 weeks gestation, with a few exceptions. But Floridians must vote in November to keep these protections for the unborn in place.
A NO vote on Amendment 4 in November would ensure the Heartbeat Protection Act remains in effect. If the measure receives a majority of YES votes, the limit for legal abortion will revert to the point of viability, which is 24 weeks and a right to abortion will be enshrined in the state’s constitution.
Tweet This: Defeating Fla Amendment 4 in Nov. would ensure the Heartbeat Protection Act stands-and abortion won't be enshrined in the state constitution
