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Florida’s Highest Court Rejects Protections for Abortion, Approves 6-Week Ban

April 1, 2024No Comments2 Mins Read
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Florida Governor Ron DeSantis has been at the center of controversy after the state’s Supreme Court ruled that the state’s constitution does not protect abortion care. This ruling declared the state’s current 15-week ban on abortion as constitutional and allowed for a six-week ban to take effect in 30 days. Pro-choice groups and abortion providers have been fighting against these bans, arguing that abortion has been a recognized right in Florida for decades.

Oral arguments in the lawsuit against the state were heard in September, with Planned Parenthood, the ACLU, and other parties challenging the bans. The 15-week ban signed by DeSantis includes no exceptions for rape or incest, and only allows for exceptions if the pregnant person is at risk of serious injury or death when the fetus has a fatal abnormality. The six-week ban also raised concerns as it includes multiple restrictions, such as the requirement for rape or incest survivors to provide documentation to prove their circumstances.

A coalition of pro-choice organizations in Florida has collected enough signatures to put a pro-choice amendment on the Florida ballot, seeking to guarantee access to abortion care up to the point of fetal viability, usually around 24 weeks. The Florida Supreme Court, known for its conservative leanings, is set to make a decision on whether to approve the wording of the amendment on April 1. Similar pro-choice initiatives have been successful in other states, including red and purple states like Kentucky and Ohio.

The six-week abortion ban in Florida is expected to significantly impact access to abortion not only for Floridians but also for people seeking care across the Southeast. Florida had become a safe haven for abortion care after federal protections were repealed, leading other states in the region to enact near-total abortion bans. The bans disproportionately affect marginalized communities, such as low-income individuals, women of color, rural residents, women with disabilities, and trans and gender-nonconforming people.

Despite the challenges faced by pro-choice advocates in Florida, there is hope for the protection of reproductive rights through the ballot initiative. Dr. Robyn Schickler, an OB-GYN and Chief Medical Officer at Planned Parenthood Southwest, emphasized the importance of giving Floridians the freedom to make decisions about their reproductive health. The amendment, if approved by voters, would establish strong protections against government interference in reproductive health decisions, providing hope for patients, communities, and the future of reproductive rights in Florida.

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