Fighting Florida's Abortion Law: Strategies For Resistance And Change

Florida's abortion law has been a topic of much debate and controversy. The state's current ban on abortions after six weeks, which replaced a previous 15-week ban, has sparked outrage and legal challenges from reproductive rights advocates. The law, which includes limited exceptions for rape, incest, and health concerns, has been deemed unsafe and unconstitutional by many. With the upcoming Amendment 4 ballot measure in November 2024, Floridians will have the opportunity to amend the state constitution to protect abortion rights and void the current ban. This has led to a political battle, with former President Donald Trump facing backlash from both sides of the abortion debate after expressing conflicting views on the amendment. The outcome of the vote will have a significant impact on the future of abortion access in Florida, and the state has become a focal point in the ongoing US abortion rights battle.

The proposed Amendment 4 to the Florida constitution would protect abortion access until foetal viability

The amendment seeks to prevent the Florida Legislature from restricting abortion before foetal viability, which is generally considered to be between 23 and 24 weeks of gestational age. It would also nullify existing statutes such as the Heartbeat Protection Act that currently restrict abortion access.

The ballot summary for Amendment 4 states:

> 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 proposed amendment has received support from various organizations and individuals, including the ACLU of Florida, Planned Parenthood, Florida Women's Freedom Coalition, and several Democratic politicians.

However, it has also faced opposition from groups such as Florida Voters Against Extremism, Keep Florida Pro Life, and Florida Freedom Fund, as well as Republican politicians like Florida Governor Ron DeSantis and former President Donald Trump.

A supermajority vote of 60% is required for the amendment to be approved. If passed, Amendment 4 would void Florida's current abortion ban and protect abortion access in the state until foetal viability.

Florida's abortion ban has no real exceptions for rape, incest, or the health of the patient

Florida's abortion ban, which came into effect on May 1, 2024, has been described as having no real exceptions for rape, incest, or the health of the patient. While there are some limited circumstances under which abortions are permitted after the six-week cut-off, accessing these exceptions is challenging and, in some cases, dangerous.

Under Florida law, abortions are permitted after six weeks if:

• The pregnancy has not progressed to the third trimester, and two physicians certify in writing that, in their reasonable medical judgment, the fetus has a fatal abnormality.
• The abortion is necessary to save the pregnant person's life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function other than a psychological condition.
• The pregnancy is the result of rape, incest, or human trafficking, and the gestational age of the fetus is not more than 15 weeks.

However, several factors make these exceptions difficult to access in practice. Firstly, the health exception is limited by the lack of specific clinical definitions of the conditions qualifying for the exception. The vague language used in the law puts physicians in a difficult position when deciding whether an abortion is legally justifiable.

Additionally, the rape and incest exceptions require the involvement of law enforcement, which can restrict access to abortion care for survivors of sexual assault. In Florida, pregnant people must report the sexual assault to law enforcement and provide a copy of the report to the physician before receiving abortion care. This can be a barrier for survivors who are afraid to report to the police and may not have the time to navigate the legal system within the narrow time frame allowed for legal abortions.

The narrowness and ambiguity of the exceptions, combined with the risk of prosecution for physicians, may result in further delays in care and create greater and avoidable risks to the health of pregnant people.

To fight this abortion ban, Floridians can support and vote for Amendment 4, which will appear on the ballot in November 2024. This amendment aims to amend the state constitution to prohibit government interference with the right to abortion and protect Floridians' freedom to access abortion.

Abortion is a safe and effective way to end a pregnancy

Medication abortion, also known as the abortion pill, typically involves taking two different medicines: mifepristone and misoprostol. Mifepristone blocks the hormone progesterone, which is needed for a pregnancy to grow normally. Misoprostol is then taken to cause cramping and bleeding to empty the uterus. This process is similar to having a heavy, crampy period or an early miscarriage.

Medical abortions are considered safe and effective, with serious complications being rare. The Federal Drug Administration (FDA) has approved the use of mifepristone and misoprostol for medical abortion as safe and effective up to 10 weeks of gestation. However, there is evidence that this method is safe and effective beyond 10 weeks as well.

In Florida, a near-total abortion ban has been in effect since May 1, 2024, outlawing abortions after 6 weeks. This ban replaced the state's previous 15-week abortion ban. The current ban has limited exceptions for rape, incest, or the health of the patient, and it bans abortion before many people realize they are pregnant. As a result, Floridians have lost access to safe and legal abortions, and doctors risk prison time for treating patients.

To fight this abortion law in Florida, citizens have initiated a ballot initiative called Amendment 4, which will appear on the ballot in the November 2024 election. Amendment 4 aims to amend the state constitution to prohibit government interference with the right to abortion before viability or when necessary to protect a patient's health. A "YES" vote for Amendment 4 means abortion will be legal under these circumstances, while a "NO" vote means the abortion ban will remain in effect.

Florida's abortion ban is enforced by criminal penalties of up to five years in prison and fines of up to $5,000

The abortion ban in Florida has been described as a "near-total" ban, outlawing abortions after 6 weeks. This ban was passed by the Florida Legislature and signed by Governor DeSantis. It replaced the state's previous 15-week abortion ban.

The current ban has been criticised for having no real exceptions for rape, incest, or the health of the patient. It bans abortion before many people realise they are pregnant and before a pregnancy can be detected on an ultrasound. Doctors thus risk prison time just for treating patients in front of them.

In November 2024, Floridians will vote on Amendment 4, which would amend the state constitution to prohibit government interference with the right to abortion prior to viability. If passed, this amendment will void Florida's abortion ban.

Opinion polling indicates that a majority of Americans support abortion access

A survey conducted in April 2024 showed that majorities of both men (61%) and women (64%) support legal abortion. Additionally, majorities across racial and ethnic groups express support for legal abortion, with about three-quarters of Asian (76%) and Black (73%) adults saying abortion should be legal in all or most cases, as well as 60% of White adults and 59% of Hispanic adults.

When looking at political affiliation, 85% of Democrats and Democratic leaners support legal abortion, while 57% of Republicans and Republican leaners oppose it.

Age also plays a factor, with 76% of adults under 30 supporting legal abortion, compared to 57% of those in their 50s and early 60s, and 59% of those 65 and older.

In terms of education level, two-thirds of college graduates (68%) support legal abortion, as do 64% of those with some college education, and 56% of those with a high school degree or less.

While public support for legal abortion has fluctuated over the years, it has remained relatively stable in recent times. This stability is reflected in the consistent majority support for abortion access among Americans, despite varying political, social, and cultural beliefs.

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