Abortion in Florida

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Abortion in Florida is generally illegal{{Cite web |title=Senate Bill 300 (2023) - The Florida Senate |url=https://www.flsenate.gov/Session/Bill/2023/300 |archive-url=https://web.archive.org/web/20240114044636/https://www.flsenate.gov/Session/Bill/2023/300 |archive-date=14 January 2024 |access-date=2024-08-27 |website=www.flsenate.gov}} after six weeks from the woman's last menstrual period, This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.

The exceptions to the 6 week gestational age (since last menstrual period) abortion ban are as follows: (1) within 15 weeks gestational age, if the woman can give evidence from medical or official documentation that the pregnancy is due to rape, incest, or human trafficking; (2) before the third trimester, if two doctors certify a fatal fetal abnormality; and (3) at any time, with doctor(s)' certification, "to save the pregnant woman's life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition". The exceptions to the 24-hour waiting period require evidence from medical or official documentation that the pregnancy is due to rape, incest, domestic violence or human trafficking.{{Citation needed|date=August 2024}}

From 1868 to 1972, abortion law in Florida stated that abortion was illegal unless "necessary to preserve the life of such mother", but the Supreme Court of Florida in 1972 ruled that this law was unconstitutionally vague, leading to its repeal. In 1973, the United States Supreme Court decided Roe v. Wade, enshrining abortion as a constitutional right across the United States, until the United States Supreme Court in 2022 decided during Dobbs v. Jackson Women's Health Organization to overturn Roe v. Wade, returning the power to regulate abortion to the state legislatures.

In 1989, the Supreme Court of Florida ruled that the Constitution of Florida's provision for the "right to be let alone and free from governmental intrusion into his private life" extended to a woman's choice to have an abortion. In April 2024, the Supreme Court of Florida overturned its 1989 decision, instead ruling that the Constitution of Florida does not confer a right to abortion, allowing the 15-week abortion ban to remain in effect. The Court's decision also allowed an embryonic heartbeat ban to take effect 30 days after the ruling.{{Cite web |title=Supreme Court of Florida Opinion |url=https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050%20&%20SC2022-1127.pdf |access-date=August 25, 2024 |website=supremecourt.flcourts.gov}}

In a simultaneous opinion, the Supreme Court also approved Florida Amendment 4 to proceed to the November 2024 ballot, which would have enshrined a constitutional right to abortion before fetal viability, and after viability when necessary to protect the patient's health as determined by their healthcare provider.{{Cite web |title=Florida Amendment 4, Right to Abortion Initiative (2024) |url=https://ballotpedia.org/Florida_Amendment_4,_Right_to_Abortion_Initiative_(2024) |access-date=2024-04-01 |website=Ballotpedia}}{{Cite web |date=2024-04-01 |title=Florida Supreme Court clears the way for abortion ballot initiative while upholding 15-week abortion ban |url=https://www.cbsnews.com/news/florida-supreme-court-abortion-ballot-initiative-amendment-4/ |website=CBS News |language=en}} The amendment failed to reach the 60% threshold needed to pass, garnering 57% of the vote.{{Cite web |date=2024-11-06 |title=Florida's six-week abortion ban to stay in place after voters reject Amendment 4 |url=https://www.cbsnews.com/miami/news/floridas-six-week-abortion-ban-to-stay-in-place/ |website=CBS News |language=en}}

History

= 1868–1972 =

Florida's first abortion law was implemented in 1868, lasting until 1972; it stated:{{cite journal |last1=Bishop |first1=Ken |title=The Florida Abortion Law--Reform or Regression in 1972 The Florida Abortion Law--Reform or Regression in 1972 |journal=Florida Law Review |date=January 1972 |volume=24 |page=2 |url=https://scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=2580&context=flr |access-date=April 13, 2024}}{{cite journal |last1=Mueller |first1=John |title=Spears v. State, 337 So. 2d 977 (Fla. 1976) |journal=Florida State University Law Review |date=1978 |volume=6 |issue=2 |url=https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=1907&context=lr |access-date=April 13, 2024}}

Abortion: Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter.

Performing abortion; punishment: Whoever with intent to procure miscarriage of any woman unlawfully administers to her, or advises or prescribes for her, or causes to be taken by her, any poison, drug, medicine or other noxious thing, or unlawfully uses any instrument or other means whatever with the like intent, or with intent aids or assists therein, shall, if the woman does riot die in consequence thereof, be punished by imprisonment in the state prison not exceeding seven years, or by fine not exceeding one thousand dollars.

From 1868 to 1972, there were only seven legal cases regarding abortion reported from Florida's appellate courts; an attempt to render the abortion law unconstitutional was rejected in 1963 in Carter v. State.{{cite web |title=Carter v. State - 155 So. 2d 787 (1963)|url=https://law.justia.com/cases/florida/supreme-court/1963/32271-0.html |publisher=Justia |access-date=April 13, 2024}} In February 1972, during the case State v. Barquet, the Florida Supreme Court declared that the abortion law was unconstitutional, due to the phrase "unless the same shall have been necessary to preserve the life of such mother" being too vague, with the court's opinion stating that the "duty, and judgment of a physician, the necessity and welfare of the patient, and the rights of both, cannot be subjected to indefinite, uncertain, vague, or unreasonable legislation."{{cite web |title=State v. Barquet - 262 So. 2d 431 (1972) |url=https://law.justia.com/cases/florida/supreme-court/1972/41596-0.html |access-date=April 13, 2024 |publisher=Justia}} Hence, the abortion law was repealed that year.

In April 1972, the Florida legislature implemented a new abortion law, built upon the 1962 Model Penal Code of the American Law Institute.{{cite news |last1=Marchante |first1=Michelle |title=Was abortion illegal in Florida before Roe v. Wade? Are there restrictions now? |url=https://www.miamiherald.com/news/politics-government/state-politics/article261067542.html |access-date=April 14, 2024 |work=Miami Herald |date=June 24, 2022 |archive-url=https://archive.today/20240215154414/https://www.miamiherald.com/news/politics-government/state-politics/article261067542.html |archive-date=February 15, 2024}}{{cite journal |last1=Linton |first1=Paul |title=The Legal Status of Abortion in the States if Roe v. Wade is Overruled |journal=Issues in Law & Medicine |date=2012 |volume=27 |issue=3 |url=https://eds.p.ebscohost.com/eds/Citations/FullTextLinkClick?sid=6ab5f26c-c6ad-4f60-8e89-e7bacb220fa6@redis&vid=2&id=pdfFullText |access-date=April 14, 2024}} Parts of the law are as follows:{{cite news |title=What is the position of Sarasota Memorial Hospital in regard to abortion |url=https://newspaperarchive.com/sarasota-herald-tribune-sep-15-1975-p-33/ |access-date=April 14, 2024 |work=Sarasota Herald Tribune |date=September 15, 1975 |archive-url=https://archive.today/20240414011715/https://newspaperarchive.com/sarasota-herald-tribune-sep-15-1975-p-33/ |archive-date=April 14, 2024}}{{cite news |title=Wright v. State - 351 So. 2d 708 (1977) |url=https://law.justia.com/cases/florida/supreme-court/1977/44882-0.html |access-date=April 14, 2024 |work=Justia}}

It shall be unlawful to terminate the pregnancy of a human being unless the pregnancy is terminated in an approved facility by a physician who certifies in writing that: (a) To a reasonable degree of medical certainty the continuation of the pregnancy would substantially impair the life or health of the female; (b) There is substantial risk that the continuation of the pregnancy would result in the birth of a child with a serious physical or mental defect; or (c) There is reasonable cause to believe that the pregnancy resulted from rape or incest.

=1973–2022=

In January 1973, the Supreme Court of the United States (SCOTUS) decided the case of Roe v. Wade, recognizing abortion as a constitutional right under federal law, thus affecting Florida. In its opinion, SCOTUS created the trimester framework to regulate abortion. During the first trimester, when it was believed that the procedure as safe or safer than childbirth, SCOTUS ruled that a state government could place no restrictions on women's ability to choose to abort pregnancies other than imposing minimal medical safeguards, such as requiring abortions to be performed by licensed doctors.{{cite news |last1=Taylor |first1=Derrick |title=Quick Facts You Should Know About Roe v. Wade |url=https://www.nytimes.com/2022/05/03/us/what-is-roe-v-wade.html |access-date=April 14, 2024 |work=The New York Times |date=May 3, 2022 |archive-url=https://archive.today/20220503131944/https://www.nytimes.com/2022/05/03/us/what-is-roe-v-wade.html |archive-date=May 3, 2022}}{{cite book |last1=Rotunda |first1=Roland |last2=Nowak |first2=John |title=Treatise on constitutional law : substance and procedure |date=1992 |isbn=0314008055 |page=321}} From the second trimester on, SCOTUS ruled that evidence of increasing risks to the pregnant woman's health gave states a compelling interest that allowed them to enact medical regulations on abortion procedures so long as they were reasonable and "narrowly tailored" to protecting mothers' health. From the third trimester on—the point at which a fetus became viable under the medical technology available in the early 1970s—SCOTUS ruled that a state's interest in protecting prenatal life became so compelling that it could legally prohibit all abortions except where necessary to protect the mother's life or health.{{cite book |last1=Rotunda |first1=Roland |last2=Nowak |first2=John |title=Treatise on constitutional law : substance and procedure |date=1992 |page=322 |isbn=0314008055}}

In 1989, the Supreme Court of Florida ruled in the case of In re: TW that the Florida law, requiring female minors to obtain parental consent in order to obtain an abortion, had violated the Florida Constitution's provision that citizens had the "right to be let alone and free from governmental intrusion into his private life".{{Cite web |title=In Re TW - 551 So. 2d 1186 (1989) |url=https://law.justia.com/cases/florida/supreme-court/1989/74143-0.html |access-date=April 18, 2024 |website=Justia |language=en}}{{cite news |last1=Lewis |first1=Neil |title=Florida Court Rules Against Abortion Curbs |url=https://www.nytimes.com/1989/10/06/us/florida-court-rules-against-abortion-curbs.html |access-date=April 18, 2024 |work=The New York Times |date=October 6, 1989 |archive-url=https://archive.today/20240418052829/https://www.nytimes.com/1989/10/06/us/florida-court-rules-against-abortion-curbs.html |archive-date=April 18, 2024}}{{cite news |last1=Marcus |first1=Ruth |last2=Balz |first2=Dan |title=Florida Constitution protects abortion rights, court rules |url=https://www.washingtonpost.com/archive/politics/1989/10/06/florida-constitution-protects-abortion-rights-court-rules/f1d57126-8de8-4c34-ad95-bc619431697e/ |access-date=April 18, 2024 |newspaper=The Washington Post |date=October 5, 1989 |archive-url=https://archive.today/20240418052345/https://www.washingtonpost.com/archive/politics/1989/10/06/florida-constitution-protects-abortion-rights-court-rules/f1d57126-8de8-4c34-ad95-bc619431697e/ |archive-date=April 18, 2024}} The Supreme Court of Florida stated that "Florida's privacy provision is clearly implicated in a woman's decision of whether or not to continue her pregnancy ... We can conceive of few more personal or private decisions concerning one's body that one can make in a lifetime"; this applied to minors because the Florida Constitution's privacy clause extended to "every natural person".

Florida was one of ten states in 2007 to have a customary informed consent provision for abortions.{{Cite web|url=https://www.guttmacher.org/sites/default/files/graphics/gpr1004/gpr100406t1.pdf|title=State Policy On Informed Consent for Abortion|date=Fall 2007|website=Guttmacher Policy Review|access-date=May 22, 2019}} Abortion providers were required to show women ultrasounds of their fetus before allowing them to have an abortion.{{Cite web|url=https://www.guttmacher.org/gpr/2007/11/state-abortion-counseling-policies-and-fundamental-principles-informed-consent|title=State Abortion Counseling Policies and the Fundamental Principles of Informed Consent|date=2007-11-12|website=Guttmacher Institute|access-date=2019-05-22}} In 2013, the Targeted Regulation of Abortion Providers (TRAP) law applied to medically induced abortions as well.{{Cite web|url=https://www.guttmacher.org/gpr/2013/06/trap-laws-gain-political-traction-while-abortion-clinics-and-women-they-serve-pay-price|title=TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price|date=2013-06-27|website=Guttmacher Institute|access-date=2019-05-27}}

The Republican-controlled Florida legislature in April 2015 passed a bill (HB 633) to require pregnant women to make two visits to a medical facility 24 hours apart to be able to obtain an abortion; in the Florida House of Representatives, most of the House Republicans supported the bill, while most of the House Democrats opposed the bill; in the Florida Senate, only House Republicans supported the bill, and only Senate Democrats opposed the bill.{{cite news |last1=McGrory |first1=Kathleen |title=Florida House approves 24-hour waiting period for abortions |url=https://www.miamiherald.com/news/politics-government/state-politics/article19229280.html |access-date=May 1, 2024 |work=The Miami Herald |date=April 22, 2015 |archive-url=https://archive.today/20240501020754/https://www.miamiherald.com/news/politics-government/state-politics/article19229280.html |archive-date=May 1, 2024}}{{cite news |last1=Menzel |first1=Margie |title=Abortion waiting period approved by Florida lawmakers |url=https://www.jacksonville.com/story/news/politics/2015/04/24/abortion-waiting-period-approved-florida-lawmakers/15660005007/ |access-date=May 1, 2024 |work=jacksonville.com |date=April 24, 2015}}{{cite news |last1=Cotterell |first1=Bill |title=Florida governor signs bill requiring two clinic visits, waiting period for abortion |url=https://www.reuters.com/article/idUSKBN0OQ2QV/ |access-date=May 1, 2024 |work=Reuters |date=June 11, 2015}} Florida's Republican Governor Rick Scott signed the bill into law in June 2015, to take effect in July 2015.{{cite news |last1=Menzel |first1=Margie |title=New Florida law requires 24-hour abortion waiting period |url=https://www.jacksonville.com/story/news/2015/06/10/new-florida-law-requires-24-hour-abortion-waiting-period/15666426007/ |access-date=May 1, 2024 |work=jacksonville.com |date=June 10, 2015}}{{cite news |title=24-Hour Abortion Waiting Period Signed Into Law |url=https://health.wusf.usf.edu/hnf-stories/2015-06-11/24-hour-abortion-waiting-period-signed-into-law |access-date=May 1, 2024 |work=health.wusf.usf.edu |agency=Associated Press |date=June 11, 2015}} Exceptions for the 24-hour waiting period were allowed if the women could produce medical or official documentation that the pregnancy is due to rape, incest, domestic violence or human trafficking.

The 24-hour waiting period law was challenged in the courts by the American Civil Liberties Union of Florida and the Center for Reproductive Rights, leading to Leon County Chief Circuit Judge Charles Francis blocking the law just before it took effect, as "the court has no evidence in front of it" to determine that the law "is not an additional burden on a woman's right to privacy".{{cite news |last1=Menzel |first1=Maggie |title=Judge Considers Challenge To Abortion Waiting Period |url=https://www.cbsnews.com/miami/news/judge-considers-challenge-to-abortion-waiting-period/ |access-date=May 1, 2024 |work=CBS Miami and News Service of Florida |date=June 24, 2015}}{{cite news |title=Judge blocks new Florida law that delays abortions 1 day |url=https://www.jacksonville.com/story/news/2015/06/30/judge-blocks-new-florida-law-delays-abortions-1-day/15669400007/ |access-date=May 1, 2024 |work=jacksonville.com |agency=Associated Press |date=June 30, 2015}} The lower court's decision was overturned in February 2016 by the Florida First District Court of Appeal, which lifted the block on the law.{{cite news |last1=Menzel |first1=Margie |title=Abortion Waiting Period Appealed As State Eyes More Restrictions |url=https://health.wusf.usf.edu/hnf-stories/2016-03-01/abortion-waiting-period-appealed-as-state-eyes-more-restrictions |access-date=May 1, 2024 |work=health.wusf.usf.edu and News Service of Florida |date=March 1, 2016}} The Supreme Court of Florida in April 2016 reinstated the temporary block of the law while considering the case.{{cite news |last1=Auslen |first1=Michael |title=Florida Supreme Court blocks 24-hour abortion waiting period |url=https://www.miamiherald.com/news/state/florida/article73353272.html |access-date=May 1, 2024 |work=The Miami Herald |date=April 22, 2016 |archive-url=https://archive.today/20240501024153/https://www.miamiherald.com/news/state/florida/article73353272.html |archive-date=May 1, 2024}} In February 2017, the Supreme Court of Florida ruled (in the case of Gainesville Woman Care, LLC v. State) that the law was "presumptively unconstitutional", as "the state impermissibly interferes with women's fundamental right of privacy", and the state thus far "has presented no evidence of a compelling state interest"; however this ruling did not result in the end of the legal case, which was sent back to lower courts.{{Cite web |title=Gainesville Woman Care, LLC v. State |url=https://law.justia.com/cases/florida/supreme-court/2017/sc16-381.html |access-date=April 18, 2024 |website=Justia |language=en}}{{cite news |last1=Fedderly |first1=Eva |title=Florida Supreme Court Says State Abortion Law Invades Privacy |url=https://www.courthousenews.com/florida-supreme-court-says-state-abortion-law-invades-privacy/ |access-date=April 18, 2024 |work=Courthouse News |date=February 22, 2017}}{{cite news |last1=Almasy |first1=Steve |title=Florida Supreme Court: 24-hour wait for abortions is likely unconstitutional |url=https://edition.cnn.com/2017/02/16/politics/florida-abortion-24-hour-wait/index.html |access-date=April 18, 2024 |work=CNN |date=February 16, 2017}}

= 2022–present =

The United States Supreme Court in December 2021 heard oral arguments in the case Dobbs v. Jackson Women's Health Organization, where the justices seemed supportive of taking action against Roe v. Wade.{{cite news |last1=Glenza |first1=Jessica |title=Florida Republicans pass bill to ban abortion after 15 weeks |url=https://www.theguardian.com/us-news/2022/mar/04/florida-republicans-abortion-15-weeks-bill |access-date=April 13, 2024 |work=The Guardian |date=March 4, 2024}}{{cite news |last1=Borter |first1=Gabriella |title=Florida lawmakers introduce bill to ban abortion after 15 weeks |url=https://www.reuters.com/legal/litigation/florida-lawmakers-introduce-bill-ban-abortion-after-15-weeks-2022-01-11/ |access-date=April 13, 2024 |work=Reuters |date=January 12, 2022}} Predicting that the United States Supreme Court would soon rule against Roe v. Wade, several states, including Florida, Idaho and Oklahoma, began taking steps to implement legislation that would restrict abortions.{{cite news |last1=Zernike |first1=Kate |title=States Aren't Waiting for the Supreme Court to Tighten Abortion Laws |url=https://www.nytimes.com/2022/03/07/us/abortion-supreme-court-roe-v-wade.html |access-date=April 13, 2024 |work=The New York Times |date=March 7, 2022 |archive-url=https://archive.today/20220307173535/https://www.nytimes.com/2022/03/07/us/abortion-supreme-court-roe-v-wade.html |archive-date=March 7, 2022}}

With Republicans still controlling the Florida legislature, the Reducing Fetal and Infant Mortality bill (HB 5) was passed by the Florida House of Representatives in February 2022, then passed by the Florida Senate in March 2022, both with only Republican state legislators supporting and only Democratic state legislators opposing, and then signed into law by Florida's Republican Governor Ron DeSantis in April 2022.{{cite news |last1=McCloud |first1=Cheryl |title=Florida abortions: What you need to know about bill expected to become new law |url=https://www.tallahassee.com/story/news/politics/2022/02/17/florida-abortion-law-2022-bans-how-many-weeks-no-abortions-after-15-weeks-what-are-exceptions/6827313001/ |access-date=April 12, 2024 |work=Tallahassee Democrat |date=March 4, 2022}}{{Cite web |author=Steve Contorno |date=14 April 2022 |title=DeSantis signs Florida's 15-week abortion ban into law |url=https://www.cnn.com/2022/04/14/politics/desantis-signs-abortion-ban-florida/index.html |access-date=2022-08-29 |website=CNN}}

  • {{cite news |title=Florida's 'nightmare' 6-week abortion ban takes effect |url=https://www.france24.com/en/americas/20240501-florida-nightmare-6-week-abortion-ban-takes-effect |access-date=May 2, 2024 |work=France 24 |quote=...six-week abortion ban is the brainchild of Republican governor Ron DeSantis.|agency=Agence France-Presse |date=May 1, 2024}}
  • {{cite news |last1=Izaguirre |first1=Anthony |title=DeSantis signs Florida GOP's 6-week abortion ban into law |url=https://apnews.com/article/florida-abortion-ban-approved-c9c53311a0b2426adc4b8d0b463edad1 |quote=Republican Gov. Ron DeSantis signed into law a bill approved by the Republican-dominated Florida Legislature to ban abortions after six weeks of pregnancy. |access-date=May 1, 2024 |work=Associated Press |date=April 14, 2023}}
  • {{cite news |last1=O'Brien |first2=Chizu |last2=Nomiyama |first1=Brendan |title=Florida Governor Desantis signs 6-week abortion ban law |quote=Florida's Republican Governor Ron DeSantis has signed a bill into law that bans most abortions after six weeks...|url=https://www.reuters.com/world/us/florida-governor-desantis-signs-6-week-abortion-ban-law-2023-04-14/#:~:text=The%20bill%20passed%20the%20state,health%20are%20at%20serious%20risk. |access-date=May 2, 2024 |work=Reuters |date=April 14, 2023}}
  • {{cite news |last1=Bidgood |first1=Jess |title=How Six-Week Abortion Bans Went From Fringe to Reality |url=https://www.nytimes.com/2024/05/01/us/politics/six-week-abortion-bans.html |quote=The law, which was signed last year by Gov. Ron DeSantis, a Republican... |archive-date=May 1, 2024 |archive-url=https://archive.today/20240501230051/https://www.nytimes.com/2024/05/01/us/politics/six-week-abortion-bans.html |access-date=May 2, 2024 |work=The New York Times |date=May 1, 2024}}
  • {{cite news |last1=Yousif |first1=Nadine |title=Florida's top court ushers in six-week abortion ban, but voters will have their say |url=https://www.bbc.com/news/world-us-canada-68710223 |access-date=May 2, 2024 |work=BBC News |date=April 2, 2024 |quote=...Republican Governor Ron DeSantis signed into law a six-week abortion ban...}} The law redefined "gestation" to be "calculated from the first day of the pregnant woman's last menstrual period", and then stated that abortion would be illegal (with exceptions) in Florida if a "physician determines the gestational age of the fetus is more than 15 weeks".{{cite news |last1=Bridges |first1=C.A. |title=Florida abortion ruling: Six-week ban looms, but voters can change it. Your questions answered. |url=https://www.tallahassee.com/story/news/politics/2024/04/02/abortion-florida-ruling-ban-amendment-voters-november/73171427007/ |access-date=April 12, 2024 |work=Tallahassee Democrat |date=April 2, 2024}}{{cite news |last1=Abad |first1=Dylan |title=Florida Supreme Court to hear arguments against 15-week abortion ban |url=https://www.wfla.com/news/florida/florida-supreme-court-to-hear-arguments-against-15-week-abortion-ban/ |access-date=April 12, 2024 |work=WFLA-TV |date=January 23, 2023}} Exceptions for the abortion ban were allowed for instances to "save the pregnant woman's life", or "avert a serious risk of substantial and irreversible physical impairment of a major bodily function" of the pregnant woman, or if the fetus has a "fatal fetal abnormality".{{cite news |last1=Kitchener |first1=Caroline |last2=Diamond |first2=Dan |title=Faced with abortion bans, doctors beg hospitals for help with key decisions |url=https://www.washingtonpost.com/politics/2023/10/28/abortion-bans-medical-exceptions/ |access-date=April 13, 2024 |newspaper=The Washington Post |date=October 28, 2023 |archive-url=https://archive.today/20231028115155/https://www.washingtonpost.com/politics/2023/10/28/abortion-bans-medical-exceptions/ |archive-date=October 28, 2023}}

In April 2022, the case Gainesville Woman Care, LLC v. State was resolved by Leon County Circuit Court Judge Angela Dempsey, that ruled as constitutional the Florida law requiring pregnant women to wait 24 hours after their initial medical consultation to be able to obtain an abortion.{{cite news |title=Florida's 24-hour abortion waiting period law can go into effect, says judge |url=https://news.wfsu.org/state-news/2022-04-12/floridas-24-hour-abortion-waiting-period-law-can-go-into-effect-says-judge |access-date=April 18, 2024 |work=wfsu.org |date=April 12, 2022}}{{cite news |last1=Lemongello |first1=Steven |title=Florida judge approves 24-hour wait for abortions, ending 7 years of legal limbo |url=https://www.orlandosentinel.com/2022/04/12/florida-judge-approves-24-hour-wait-for-abortions-ending-7-years-of-legal-limbo/ |access-date=April 18, 2024 |work=Orlando Sentinel |date=April 12, 2022 |archive-url=https://archive.today/20240418100046/https://www.orlandosentinel.com/2022/04/12/florida-judge-approves-24-hour-wait-for-abortions-ending-7-years-of-legal-limbo/ |archive-date=April 18, 2024}}

In June 2022, the United States Supreme Court ruled in Dobbs v. Jackson Women's Health Organization, overturning both Roe v. Wade and Planned Parenthood v. Casey, and hence returning the power to regulate abortion to state legislatures.{{cite news |last1=Keay |first1=Lara |title=Roe v Wade: What happens now the Supreme Court has overruled the constitutional right to an abortion? |url=https://news.sky.com/story/roe-v-wade-what-happens-now-the-supreme-court-has-overruled-the-constitutional-right-to-an-abortion-12624272 |access-date=April 14, 2024 |work=Sky News |date=June 24, 2022}}{{cite news |last1=Sherman |first1=Mark |title=Supreme Court overturns Roe v. Wade; states can ban abortion |url=https://apnews.com/article/abortion-supreme-court-decision-854f60302f21c2c35129e58cf8d8a7b0 |access-date=May 1, 2024 |work=The Associated Press |date=June 24, 2022}}

HB 5 faced legal scrutiny as a state judge moved to block enforcement of the law on July 5, 2022, ruling that the Florida Constitution guaranteed a right to privacy rendered the law unconstitutional. The State of Florida appealed the decision to the Supreme Court of Florida, thereby keeping the law in place while the case was being decided.{{cite web |date=5 July 2022 |title=State appeal nullifies Judge's temporary block of Florida's 15-week abortion ban |url=https://www.wtsp.com/article/news/regional/florida/judge-blocks-florida-15-week-abortion-ban/67-2c48ac65-297f-45cf-b0d0-33c30c6cd25b}} On June 1, 2022, The American Civil Liberties Union (ACLU), the ACLU of Florida, the Center for Reproductive Rights, Planned Parenthood Federation of America, and the law firm Jenner & Block filed Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al., a lawsuit on behalf of Florida health care providers.{{cite web |title=Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al. |url=https://wp.api.aclu.org/cases/planned-parenthood-southwest-and-central-florida-et-al-v-state-florida-et-al |website=ACLU of Florida |access-date=25 January 2023 |date=July 5, 2022}} On January 23, 2023, the Supreme Court of Florida accepted a request to hear the petitioner's arguments against House Bill 5 (HB 5).{{cite web |author1=Supreme Court of Florida |title=Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al. |url=https://www.aclu.org/legal-document/fl-supreme-court-order-accepting-jurisdiction |website=FL Supreme Court Order Accepting Jurisdiction |publisher=ACLU of Florida |access-date=25 January 2023 |date=January 23, 2023}}

The Heartbeat Protection Act (SB 300) was passed by the Florida Senate, then passed by the Florida House of Representatives, and then signed into law by Governor Ron DeSantis, all in April 2023.{{cite news |title=Gov. DeSantis signs six-week abortion ban into law |url=https://www.fox35orlando.com/news/florida-legislature-passes-six-week-abortion-ban-sends-bill-to-governors-desk |access-date=April 13, 2024 |work=Fox 35 Orlando |agency=Associated Press |date=April 14, 2023}} The 2023 bill states that abortion would be illegal (with exceptions) in Florida if a "physician determines the gestational age of the fetus is more than 6 weeks".{{cite news |last1=Murray |first1=Isabella |title=Florida Republicans file a 6-week abortion ban bill, which Ron DeSantis has said he'd sign |url=https://abc7chicago.com/florida-abortion-ban-ron-desantis-6-week/12930002/ |access-date=April 12, 2024 |work=ABC 7 Chicago |date=March 9, 2023}} Many women do not yet know that they are pregnant when the fetus is at a gestational age of 6 weeks since the woman's last menstrual period.

  • {{cite news |last1=Farrington |first1=Brendan |title=Florida Supreme Court upholds state's 15-week abortion ban, but voters will soon have a say |url=https://apnews.com/article/florida-abortion-ban-supreme-court-ruling-6a4949fc7459afe9b5e298086a793126 |access-date=April 12, 2024 |work=Associated Press |date=April 2, 2024 |quote=... cleared the way for the state to ban abortions after six weeks of pregnancy, before many women know they are pregnant...}}
  • {{cite news |last1=Hart |first1=Sam |last2=Kellerman |first2=Ben |title=How new rulings restrict abortion access |url=https://www.reuters.com/graphics/USA-ABORTION/DISTANCE/jnvwxorwkpw/index.html |access-date=April 12, 2024 |work=Reuters |date=April 11, 2024 |quote=Florida's law means that women after six weeks of pregnancy - before many know they are pregnant...}}
  • {{cite news |title=Florida court upholds state's 15-week abortion ban but allows vote on rights amendment |url=https://www.france24.com/en/americas/20240401-florida-voters-will-decide-on-abortion-amendment-in-november |access-date=April 12, 2024 |work=France 24 |agency=Agence France Presse |date=April 2, 2024| quote=Republican-backed law slashes that to six weeks, before many women even know they are pregnant.}}
  • {{cite news |last1=Weixel |first1=Nathaniel |title=As Florida bans legal abortion, where will 84,000 women go? |url=https://thehill.com/policy/healthcare/4575581-florida-bans-abortion-84000-women/ |access-date=April 12, 2024 |work=The Hill |date=April 5, 2024 |quote=... effectively amount to a complete ban: Six weeks gestation is before many women know they are pregnant, and the state will still require two in-person visits with the abortion provider 24 hours apart.}}
  • {{cite news |title=New Florida six-week abortion ban will be felt beyond the state |url=https://www.bbc.com/news/world-us-canada-68925009 |access-date=May 2, 2024 |work=BBC News |date=May 1, 2024| quote=... most Republican-controlled states moved to restrict abortion outright or at six weeks gestation, a point at which many women do not yet know they are pregnant.}}
  • {{cite news |first1=Savannah |last1=Kuchar |last2=Kenning |first2=Chris |title=Florida's 6-week abortion ban takes effect, and impact takes a quick toll

|url=https://www.usatoday.com/story/news/politics/elections/2024/05/01/florida-six-week-abortion-ban-into-effect-impact/73510433007/ |access-date=May 2, 2024 |work=USA Today |date=May 1, 2024| quote=The legislation prohibits most abortions after about six weeks – before many people know they're pregnant.}}{{cite news |last1=El-Bawab |first1=Nadine |title=DeSantis signs Florida's 6-week abortion ban into law |url=https://abcnews.go.com/Politics/florida-house-passes-6-week-abortion-ban-expected/story?id=98556766 |access-date=April 12, 2024 |work=ABC News |date=April 13, 2023}}

There are four exceptions to the six-week gestational age abortion ban.

  1. "At the time the woman schedules or arrives for her appointment to obtain the abortion", if she can give evidence using "restraining order, police report, medical record, or other court order or documentation" that her pregnancy is due to "rape, incest, or human trafficking", then an abortion can be legally carried out up to a gestational age of 15 weeks.{{cite news |last1=Susskind |first1=Stephanie |title=Planned Parenthood planning ahead of 6-week abortion ban |url=https://www.wflx.com/2024/04/02/planned-parenthood-planning-ahead-6-week-abortion-ban/ |access-date=April 13, 2024 |work=WFLX |date=April 3, 2024}}
  2. Before the third trimester, two doctors "certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality".
  3. Two doctors "certify in writing that, in reasonable medical judgment", 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 of the pregnant woman other than a psychological condition."
  4. One doctor "certifies in writing that, in reasonable medical judgment, there is a medical necessity for legitimate emergency medical procedures" to carry out the abortion "to save the pregnant woman's life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition, and another physician is not available for consultation.{{cite news |last1=Ellenbogen |first1=Romy |title=Seven things to know about what Florida's six-week abortion ban means |url=https://www.miamiherald.com/news/health-care/article274287215.html |access-date=April 13, 2024 |work=Miami Herald |archive-date=April 13, 2024 |archive-url=https://archive.today/20240413094529/https://www.miamiherald.com/news/health-care/article274287215.html |date=April 2, 2024}}

HB 5 was upheld by the Florida Supreme Court, on April 1, 2024, allowing the 15-week abortion ban to remain in effect, and the 6-week abortion ban to take effect 30 days after the ruling. The Florida Supreme Court also overturned its precedent, that ruled that Article 1, Section 23 of the Florida Constitution protected a woman's right to an abortion

Florida's abortion ban, from six weeks since the pregnant women's last menstrual period, with exceptions, took effect on May 1, 2024.{{cite news |last1=Mazzei |first1=Patricia |title=Florida's Six-Week Abortion Ban Is Now Law, With Political Implications |url=https://www.nytimes.com/2024/05/01/us/abortion-ban-florida.html |access-date=May 1, 2024 |work=The New York Times |date=May 1, 2024}}{{cite news |last1=Parra |first1=Marissa |last2=Harris |first2=Bracey |last3=Bendix |first3=Aria |last4=Arcodia |first4=Juliette |title=Florida abortion clinics squeeze in as many patients as possible ahead of 6-week ban |url=https://www.nbcnews.com/health/womens-health/florida-abortion-clinics-busy-before-ban-rcna150011 |access-date=May 1, 2024 |work=NBC News |date=May 1, 2024}}{{cite news |last1=Fischer |first1=David |first2=Stephany |last2=Matet |title=Florida's 6-week abortion ban takes effect as doctors worry women will lose access to health care |url=https://apnews.com/article/florida-abortion-ban-9509a806453e1eab50d118aaecffa2f1 |access-date=May 1, 2024 |work=Associated Press |date=May 1, 2024}} At the time of the ban taking effect, the closest state with laxer abortion restrictions is North Carolina, which allows abortions up to 12 weeks, but has a 72-hour waiting period; for abortions after 12 weeks, the next closest states would be Virginia or Illinois.{{cite news |last1=Saunders |first1=Forrest |title=Pregnant Floridians referred to North Carolina as state's 6-week abortion ban begins |url=https://www.wptv.com/news/state/pregnant-floridians-referred-to-north-carolina-as-states-6-week-abortion-ban-begins |access-date=May 1, 2024 |work=WPTV |date=May 1, 2024}}

== Health crises ==

In 2022, two women in Florida, both of whom had been undergoing fertility treatment, experienced pre-viability preterm prelabor rupture of membranes (PPROM) in their second trimesters. The standard of care in such situations is to induce labor or surgically end the pregnancy; according to The Washington Post, pre-Dobbs, physicians in all states would have offered such a procedure, but both women were sent home, and both developed serious complications, including ones that threatened their future fertility. State Senator Erin Grall, who sponsored both HB5 and SB300, accused physicians of intentionally misinterpreting the bill in such cases for political reasons.{{Cite news |last=Kitchener |first=Caroline |date=2023-04-10 |title=Two friends were denied care after Florida banned abortion. One almost died. |url=https://www.washingtonpost.com/politics/2023/04/10/pprom-florida-abortion-ban/ |access-date=2024-04-24 |newspaper=Washington Post |language=en}}

= Clinic history =

File:Number of abortion clinics in Florida by year.png

{{See also|Abortion clinic}} Byllye Avery opened the first abortion clinic in Florida in Gainesville. The clinic had blue shag carpets, which for many women at that time gave them comfort as it showed the abortion would not be a bloody affair, requiring tiled, easy-to-clean floors.{{Cite web|url=https://www.theatlantic.com/magazine/archive/2007/05/the-sanguine-sex/305780/|title=The Sanguine Sex|last=Flanagan|first=Caitlin|date=2007-05-01|website=The Atlantic|access-date=2019-06-02}} Between 1982 and 1992, the number of abortion clinics in the state decreased by 7, going from 140 in 1982 to 133 in 1992.{{Cite book|url=https://books.google.com/books?id=RDqXplZptaIC|title=A State-By-State Review of Abortion and Reproductive Rights|last1=Arndorfer|first1=Elizabeth|last2=Michael|first2=Jodi|last3=Moskowitz|first3=Laura|last4=Grant|first4=Juli A.|last5=Siebel|first5=Liza|date=December 1998|publisher=DIANE Publishing|isbn=9780788174810}} In 2017, there were 65 abortion clinics in the state,[https://www.guttmacher.org/sites/default/files/factsheet/sfaa-fl.pdf Factsheet Florida] and over 73% of the counties in the state do not have an abortion clinic. In 2014, 20% of women in the state aged 15–44 lived in a county without an abortion clinic.{{Cite web|url=https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8|title=This is what could happen if Roe v. Wade fell|date=2018-08-04|website=Business Insider|language=es|access-date=2019-05-24|archive-date=2019-05-24|archive-url=https://web.archive.org/web/20190524083342/https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8|url-status=dead}} In 2017, there were 22 Planned Parenthood clinics, of which 13 offered abortion services. At the time, Florida had 4,404,228 women aged 15–49.{{Cite news|url=https://www.bloomberg.com/graphics/2017-planned-parenthood-locations-states/|title=Here's Where Women Have Less Access to Planned Parenthood|access-date=2019-05-23}}

Statistics

In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15 – 44 of between 0.1 and 0.9.{{Cite journal|last1=Cates|first1=Willard|last2=Rochat|first2=Roger|date=March 1976|title=Illegal Abortions in the United States: 1972–1974|journal=Family Planning Perspectives|volume=8|issue=2|pages=86–92|doi=10.2307/2133995|jstor=2133995|pmid=1269687}} In 1990, 1,389,000 women in the state faced the risk of an unintended pregnancy. The highest number of legally induced abortions by the state in the years 2000, 2001, and 2003 occurred in New York City with 94,466; 91,792; and 90,820 successful abortions, respectively, followed by Florida with 88,563; 85,589; and 88,247 respectively and Texas with 76,121; 77,409 and 79,166 respectively.{{Cite web|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5212a1.htm|title=Abortion Surveillance --- United States, 2000|website=www.cdc.gov|access-date=2019-05-25}}{{Cite web|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5309a1.htm|title=Abortion Surveillance --- United States, 2001|website=www.cdc.gov|access-date=2019-05-25}}{{Cite web|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5511a1.htm|title=Abortion Surveillance --- United States, 2003|website=www.cdc.gov|access-date=2019-05-25}} In 2014, a poll conducted by the Pew Research Center showed that 56% of the population wanted abortion to remain legal and 38% disagreed with this stance.{{Cite web|url=https://www.pewresearch.org/religion/religious-landscape-study/compare/views-about-abortion/by/state/#views-about-abortion|title=Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics |work=Pew Research Center|access-date=2019-05-23}} In 2017, the state had an infant mortality rate of 6.1 deaths per 1,000 live births.{{Cite web |title=States pushing abortion bans have highest infant mortality rates |url=https://www.nbcnews.com/health/womens-health/states-pushing-abortion-bans-have-higher-infant-mortality-rates-n1008481 |access-date=2019-05-25 |website=NBC News|date=24 May 2019 }}

In the year following the overturn of Roe v. Wade, Florida saw an 48.2% increase in abortions, primarily driven by patients traveling from states with abortion bans.{{Cite web|url=https://abcnews.go.com/US/illinois-florida-california-largest-increase-abortions-15-months/story?utm_source=facebook&utm_medium=social&utm_campaign=dhfacebook&utm_content=null&id=107651669&fbclid=IwAR2Z7WplVx2fj4yiD8sQbKQEsR4Yd0wm6-6yrZ2WCDBr43wGenPsu9aCjLQ |title=Illinois, Florida, California saw largest increase in abortions in first 15 months after overturn of Roe v. Wade|website=ABC News |access-date=2024-02-29}}

class="wikitable"

|+

Number of reported abortions, abortion rate, and percentage change in rate by geographic region and state in 1992, 1995, and 1996{{Cite journal|url=https://www.guttmacher.org/journals/psrh/1998/11/abortion-incidence-and-services-united-states-1995-1996|title=Abortion Incidence and Services in the United States, 1995-1996|date=2005-06-15|journal=Perspectives on Sexual and Reproductive Health|volume=30 |pages=263–270 |access-date=2019-06-02|last1=Henshaw |first1=Stanley K.}}

! rowspan="2" | Census division and state

colspan="3" | Numbercolspan="3" | Raterowspan="2" | % change 1992–1996
199219951996199219951996
South Atlantic269,200261,990263,60025.924.624.7–5
Delaware5,7305,7904,09035.234.424.1–32
District of Columbia21,32021,09020,790138.4151.7154.512
Florida84,68087,50094,0503030327
Georgia39,68036,94037,3202421.221.1–12
Maryland31,26030,52031,31026.425.626.30
North Carolina36,18034,60033,55022.42120.2–10
South Carolina12,19011,0209,94014.212.911.6–19
Virginia35,02031,48029,94022.72018.9–16
West Virginia3,1403,0502,6107.77.66.6–14

class="wikitable"

|+Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates

! rowspan="2" | Location

colspan="3" | Residencecolspan="3" | Occurrencerowspan="2" | % obtained by
out-of-state residents

! rowspan="2" | Year

rowspan="2" | Ref
No.Rate^Ratio^^No.Rate^Ratio^^
Florida

|

|

|

|84,680

|30

|

|

|1992

|

Florida

|

|

|

|87,500

|30

|

|

|1995

|

Florida

|

|

|

|94,050

|32

|

|

|1996

|

Florida------72,10719.6328--

|2014

|{{Cite journal|last=Jatlaoui|first=Tara C.|date=2017|title=Abortion Surveillance — United States, 2014|journal=MMWR. Surveillance Summaries|volume=66|issue=24|pages=1–48|doi=10.15585/mmwr.ss6624a1|issn=1546-0738|pmid=29166366|pmc=6289084}}

Florida

| --

| --

| --

|69,770

|18.5

|310

| --

|2016

|{{Cite journal|last=Jatlaoui|first=Tara C.|date=2019|title=Abortion Surveillance — United States, 2016|journal=MMWR. Surveillance Summaries|volume=68|issue=11|pages=1–41|doi=10.15585/mmwr.ss6811a1|pmid=31774741|issn=1546-0738|doi-access=free|pmc=6289084}}

colspan="10" |^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion rights views and activities

= Protests =

#StopTheBans was created in response to six states passing legislation in early 2019 that would almost completely outlaw abortion. Advocates for reproductive rights wanted to protest this activity as other state legislatures started to consider similar bans as part of a move to try to overturn Roe v. Wade. At least one protest as part of #StopTheBans took place in the state.{{Cite web|url=https://www.thecut.com/2019/05/stop-the-bans-abortion-protest-everything-to-know.html|title=How to Join the Nationwide Abortion-Ban Protest Today|last=Arnold|first=Amanda|date=2019-05-21|website=The Cut|access-date=2019-05-25}} The Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, {{ussc|597||2022|docket=19-1392}} later in 2022.{{cite web |url=https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html |title=Supreme Court overturns Roe v. Wade |first=Ariane |last=de Vogue |date=June 24, 2022 |access-date=June 24, 2022 |work=CNN |archive-date=June 24, 2022 |archive-url=https://web.archive.org/web/20220624141808/https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html |url-status=live}}{{cite news |last1=Howe |first1=Amy |title=Supreme Court overturns constitutional right to abortion |url=https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ |work=SCOTUSblog |date=June 24, 2022 |access-date=June 24, 2022 |archive-date=June 24, 2022 |archive-url=https://web.archive.org/web/20220624142633/https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ |url-status=live}}

On June 10, 2022, a synagogue in Boynton Beach filed a lawsuit against the state of Florida regarding their 15-week abortion ban, stating that the ban violated religious freedom of Jews.{{Cite web |last1=Pierson |first1=Brendan |title=Florida abortion ban violates Jews' religious freedom, lawsuit says|url=https://www.reuters.com/world/us/florida-abortion-ban-violates-jews-religious-freedom-lawsuit-says-2022-06-14/ |website=Reuters |access-date=April 6, 2024 |date=June 14, 2022}}

Following the overturn of Roe v. Wade on June 24, 2022, abortion rights protests were held outside the Florida State Capitol in Tallahassee,{{Cite web |title=Protest against Supreme Court Roe v. Wade reversal happening tonight at Florida Capitol|url=https://www.wctv.tv/2022/06/24/protest-against-supreme-court-roe-v-wade-reversal-happening-tonight-florida-capitol/|website=WCTV |access-date=February 13, 2024 |date=June 24, 2022}} the Wynwood neighborhood of Miami,{{Cite web |title=Demonstrators gather in Wynwood to protest Roe v. Wade decision|url=https://www.cbsnews.com/miami/news/protesters-gather-in-wynwood-to-protest-roe-v-wade-decision/ |website=CBS News |access-date=February 13, 2024 |date=June 24, 2022}} Tampa,{{Cite web |last1=Ogozalek |first1=Sam |title=Hundreds at Tampa rally protest end of Roe v. Wade and demand federal action|url=https://www.tampabay.com/news/health/2022/07/02/hundreds-at-tampa-protest-decry-end-of-roe-v-wade/ |website=Tampa Bay Times |access-date=July 3, 2022 |date=July 2, 2022}} and St. Petersburg.{{Cite web |last1=Jones |first1=Octavio |title=St. Petersburg among the cities holding protests against the abortion ruling|url=https://www.wusf.org/health-news-florida/2022-06-25/st-petersburg-among-thecities-holding-protests-against-abortion-ruling |website=WUSF |access-date=February 13, 2024 |date=June 25, 2022}}

In Tallahassee, Florida in March and April 2023, several abortion rights protests were held at the Florida State Capitol in opposition to the proposed six-week abortion ban.{{Cite news |last=Kelley|first=Savannah |date=March 29, 2023 |title=Protests continue as Florida Senate prepares to vote on six-week abortion ban|url=https://www.wctv.tv/2023/03/30/protests-continue-florida-senate-prepares-vote-six-week-abortion-ban/|access-date=March 30, 2023|language=en}}{{Cite news |last=Brown|first=Danielle |date=April 13, 2023 |title=Protests erupt in FL House as lawmakers consider restrictive 6-week abortion ban|url=https://floridaphoenix.com/2023/04/13/protests-erupt-in-fl-house-as-lawmakers-consider-restrictive-6-week-abortion-ban/|access-date=May 21, 2023|language=en}} On April 3, 13 abortion rights protesters including two state senators were arrested following a peaceful protest outside City Hall.{{Cite news |date=April 4, 2023 |title=Tallahassee Police Arrest Demonstrators Protesting Florida Senate's Passage of Near Total Abortion Ban|url=https://www.wqcs.org/wqcs-news/2023-04-04/tallahassee-police-arrest-demonstrators-protesting-florida-senates-passage-of-near-total-abortion-ban|access-date=April 4, 2023|language=en}} On May 3, 14 people were arrested following a sit-in in Ron DeSantis' office to protest Florida's six-week abortion ban, anti-LGBTQ legislation and anti-immigrant legislation.{{Cite news |date=May 4, 2023 |title=Activists Arrested at Peaceful Protest Against Florida's Attacks on Abortion, LGBTQ, Immigrant Rights|url=https://www.democracynow.org/2023/5/4/headlines/activists_arrested_at_peaceful_protest_against_floridas_attacks_on_abortion_lgbtq_immigrant_rights?mibextid=Zxz2cZ|access-date=May 5, 2023|language=en}}

= Amendment 4 =

{{Main|2024 Florida Amendment 4}}

By December 2023, Floridians Protecting Freedom had gathered over 1 million signatures for their petition to place abortion rights on the ballot in the November 2024 election.{{Cite news |date=December 14, 2023 |title=FL Abortion Rights Organizers Have 1.4 Million Signatures for Ballot Initiative |url=https://truthout.org/articles/fl-abortion-rights-organizers-have-1-4-million-signatures-for-ballot-initiative/ |access-date=April 6, 2024 |language=en}}

On April 13, 2024, over 1,000 abortion rights protesters rallied and marched in Orlando, Florida to kick off the campaign in support of 2024 Florida Amendment 4.{{Cite news |date=April 13, 2024 |title=Abortion rally draws over 1,000 to Orlando for Yes On 4 kickoff |url=https://www.orlandosentinel.com/2024/04/13/abortion-rally-draws-over-1000-to-orlando-to-kick-off-yes-on-4-campaign/ |access-date=April 14, 2024 |language=en}}

In August 2024, Florida resident and former president Donald Trump said "I'm going to be voting that we need more than six weeks," though the next day he announced he would vote against the amendment.{{cite news |last1=McCammon |first1=Sarah |title='I'll be voting no.' Trump clarifies his stance on the abortion amendment in Florida |url=https://www.npr.org/2024/08/29/g-s1-20187/trump-abortion-amendment-4-florida-ivf-funding-reproductive-rights |publisher=National Public Radio |date=August 20, 2024}}

== Timeline of the "Yes on 4" Movement ==

=== 2021 ===

  • Inception: The "Yes on 4" movement begins as a response to increasing restrictions on reproductive rights in Florida. Activists decide to propose a constitutional amendment to protect these rights.{{Cite news |last=Ellenbogen |first=Romy |date=October 13, 2023 |title=Florida could vote on abortion in 2024. Meet the group behind the push. |url=https://www.tampabay.com/news/florida-politics/2023/10/13/abortion-petition-florida-constitution-amendment-privacy/ |work=Tampa Bay Times}}

=== 2022 ===

  • Gathering Support:
  • Spring: Advocates start collecting signatures to put the amendment on the ballot. They partner with various reproductive health organizations and community groups.
  • Public Events: Rallies and informational sessions are held to educate voters about the importance of protecting reproductive rights.{{Cite news |last=Cohen & Ocner |first=Howard & Matias |date=May 14, 2022 |title=Bans Off Our Bodies rally draws thousands, including candidates, to Miami-Dade park |url=https://www.miamiherald.com/news/politics-government/state-politics/article261430382.html#storylink=cpy |work=Miami Herald}}

=== 2023 ===

  • Signature Submission:
  • January: The movement submits enough signatures to qualify for the November ballot. They need a certain number of verified signatures from registered voters.
  • Public Support:
  • Polls: Surveys show that a majority of Floridians support the amendment. Many people express concern about recent laws limiting access to abortion.

=== 2024 ===

  • Campaigning Intensifies:
  • Spring-Summer: The campaign ramps up, with ads, community outreach, and endorsements from influential figures and organizations in the reproductive health field.
  • Election Day:
  • November 5: The amendment is on the ballot, and voters have the chance to decide on it. The campaign hopes to mobilize voters to support reproductive rights.

== Goals of the "Yes on 4" Movement ==

  • Protect Reproductive Rights: The main aim is to ensure that individuals can make personal decisions about their reproductive health, including the right to access abortion without excessive restrictions.

Secure Rights in the Constitution: By passing this amendment, the movement wants to make sure that reproductive rights are protected at the state level, preventing future laws from taking those rights away.

== Legal challenges involving Amendment 4 ==

Florida Attorney General Ashley Moody, a Republican, has opposed the ballot initiative since October 2023, when she asked the Florida Supreme Court to analyze the ballot initiative. In November 2023, Moody urged the Florida Supreme Court to block the ballot initiative, as she questioned the definition of "viability" and argued that the ballot initiative will "lay ticking time bombs that will enable abortion proponents later to argue that the amendment has a much broader meaning than voters would ever have thought".

The Florida Supreme Court in April 2024 approved Florida Amendment 4 to be placed on the ballot for voting in November 2024, because it adequately satisfied the requirements set. Despite Florida Attorney General Ashley Moody arguing that some of the language was deceptive, the Florida Supreme Court instead ruled that "it cannot be said that the ballot summary will mislead voters regarding the actual text of the proposed amendment." The Florida Supreme Court further stated that "the broad sweep of this proposed amendment is obvious in the language of the summary. Denying this requires a flight from reality", while ruling that there is "no basis for concluding that the proposed amendment is facially invalid under the United States Constitution."

In October 2024, the Florida Department of Health sent cease and desist notices to television stations demanding the retraction of a campaign advertisement for Amendment 4, alleging that it contained false statements regarding the availability of abortions to protect the health of the patient under current state law.{{Cite web |last=Festo |first=Alan |title=Florida DOH sends cease-and-desist order to WCJB TV20 over running of abortion ad |url=https://www.gainesville.com/story/news/local/2024/10/10/florida-department-of-health-sends-letter-to-tv20-over-abortion-ad/75589330007/ |access-date=2024-10-12 |website=Gainesville Sun |language=en-US}} It went on to claim that the ad "threatens or impairs" the health of Florida residents by encouraging them to delay their abortion or pursue one out-of-state, therefore constituting a "sanitary nuisance" punishable as a criminal misdemeanor under state law. The threat was criticized by Floridians Protecting Freedom—the organization who produced the ad—which stated that it was an "unconstitutional state action", and "a textbook example of government coercion that violates the First Amendment." FCC chairwoman Jessica Rosenworcel also responded, stating that "threats against broadcast stations for airing content that conflicts with the government's views are dangerous and undermine the fundamental principle of free speech."{{Cite web |date=2024-10-08 |title=Chairwoman on First Amendment Threats to Florida Broadcast Stations {{!}} Federal Communications Commission |url=https://www.fcc.gov/document/chairwoman-first-amendment-threats-florida-broadcast-stations |access-date=2024-10-12 |website=www.fcc.gov |language=en}} On October 16, Floridians Protecting Freedom filed suit in the U.S. District Court for the Northern District of Florida, aiming to prevent the state from acting on its threat to criminally charge the stations. The suit names the state's surgeon general, Joseph Ladapo, and its former general counsel, John Wilson.{{Cite web |last=Mulvihill |first=Geoff |date=2024-10-16 |title=Abortion rights group sues after Florida orders TV stations to stop airing ad |url=https://apnews.com/article/florida-abortion-commercial-desantis-lawsuit-979cd3059d79c92a2b8038585fa922e0 |access-date=2024-10-16 |website=AP News |language=en}} The same day, opponents of the amendment filed suit in Florida's Ninth Judicial Circuit to invalidate the amendment, drawing on a DeSantis administration report released the previous week that claimed there weren't enough valid signatures; the deadline for challenging signatures had long since passed.{{Cite news |last=Ellenbogen |first=Romy |date=2024-10-16 |title=State allegations of fraud lead to lawsuit to toss Amendment 4 from Florida ballot |url=https://www.miamiherald.com/news/politics-government/state-politics/article294082784.html |access-date=2024-10-16 |work=Miami Herald}} By that point, polls indicated more Floridians supported the amendment than opposed it.{{cite news |last1=Girod |first1=Brandon |title=Do Florida abortion, recreational weed amendments have the support to pass? What polls say |url=https://www.pnj.com/story/news/politics/elections/2024/10/16/florida-ballot-amendment-polls-abortion-recreational-weed/75702660007/ |work=Pensacola News Journal |date=October 16, 2024}} On October 17, chief judge of the Northern District Mark Walker issued a 12-day restraining order directing Ladapo to stop intimidating local stations that were running the ad. Walker wrote, "To keep it simple for the State of Florida: it's the First Amendment, stupid."{{cite news |last1=Reilly |first1=Liam |last2=Stelter |first2=Brian |title=‘It’s the First Amendment, stupid’: Federal judge blasts DeSantis administration for threats against TV stations |url=https://edition.cnn.com/2024/10/17/media/florida-judge-tv-abortion-rights-ad-health/index.html |publisher=CNN |date=October 17, 2024}}

Anti-abortion views and activities

= Activities =

In the United States, some states issue specialty license plates that have an anti-abortion theme. Choose Life, an advocacy group founded in 1997, was successful in securing an anti-abortion automobile tag in Florida. Subsequently, the organization has been actively helping groups in other states pursue "Choose Life" license plates.Burge, Kathleen: [http://www.boston.com/news/local/articles/2006/05/05/driving_force/ "Driving force"] Boston Globe, May 5, 2006Madigan, Erin: [http://www.stateline.org/live/ViewPage.action?siteNodeId=136&languageId=1&contentId=15079 "Choose Life Car Tags Spark Debate"] Stateline.org, November 25, 2002

On August 22, 2022, a clinic in Jacksonville notified the FBI after 165 anti-abortion protesters blocked the entrance to their clinic in violation of the FACE Act.{{Cite web |last1=Micolucci |first1=Vic |title=Jacksonville abortion clinic wants FBI to investigate JSO's response to anti-abortion protest |url=https://www.news4jax.com/news/local/2022/08/23/jacksonville-abortion-clinic-wants-fbi-to-investigate-jsos-response-to-anti-abortion-protest/ |website=News 4 Jax |access-date=August 24, 2022 |date=August 23, 2022}}

= Violence =

1982 saw a surge in attacks on abortion clinics in the United States, with at least four arson attacks and one bombing. One attack occurred in Illinois and one in Virginia, and two occurred in Florida. These five attacks caused over US$1.1 million in damage.{{Cite journal|last1=Jacobson|first1=Mireille|last2=Royer|first2=Heather|date=December 2010|title=Aftershocks: The Impact of Clinic Violence on Abortion Services|url=http://www.nber.org/papers/w16603|journal=American Economic Journal: Applied Economics|volume=3|pages=189–223|doi=10.1257/app.3.1.189}} On December 25, 1984, an abortion clinic and two physicians' offices in Pensacola, Florida, were bombed in the early morning of Christmas Day by a quartet of young people, Matt Goldsby, Jimmy Simmons, Kathy Simmons and Kaye Wigginn, who later called the bombings "a gift to Jesus on his birthday".{{Cite news|url=http://news.bbc.co.uk/2/hi/health/8076906.stm|title=Anti-abortion and violence in the US|date=2009-06-01|access-date=2019-05-22|language=en-GB}}Churchville, Victoria (January 6, 1985) "Bomb Suspects Cite Religious Motive" The Washington Post p. A-16{{Cite news|url=https://www.nytimes.com/interactive/2015/11/29/us/30abortion-clinic-violence.html|title=A Brief History of Deadly Attacks on Abortion Providers|last=Stack|first=Liam|date=2015-11-29|work=The New York Times|access-date=2019-05-23|language=en-US|issn=0362-4331}} The bombers were caught, convicted and eventually served time in prison for the bombing.{{Cite web|url=https://www.thecut.com/2017/01/timeline-the-200-year-fight-for-abortion-access.html|title=Timeline: The 200-Year Fight for Abortion Access|last=Larson|first=Jordan|website=The Cut|date=17 January 2017 |language=en|access-date=2019-05-25}}

On March 26, 1986, six anti-abortion activists, including John Burt and Joan Andrews, were arrested after invading an abortion clinic in Pensacola, Florida, causing property damage and injuring two women (a clinic manager and a member of the local NOW chapter).[https://www.nytimes.com/1986/03/27/us/6-arrested-at-abortion-clinic.html 6 Arrested at Abortion Clinic], Associated Press (March 27, 1986).[https://news.google.com/newspapers?nid=1320&dat=19860923&id=Wj1WAAAAIBAJ&sjid=7OkDAAAAIBAJ&pg=3770,2114904 Abortion Clinic Invaders are Sentenced], Gainesville Sun (September 23, 1986). Burt was convicted of attempted burglary of an occupied building, assault, battery, and resisting arrest without violence and was sentenced to 141 days already served in jail and four years of probation. His 18-year-old daughter, Sarah Burt, who also took part in the invasion, was sentenced to 15 days in jail (with credit for two days already served) and three years of probation. Andrews refused to pledge not to carry out such actions in the future and was convicted of burglary, criminal mischief, and resisting arrest without violence. She was sentenced to five years in prison, which she spent largely in self-imposed isolation, refusing a mattress and all medical care.Jonathon King, [http://articles.sun-sentinel.com/1988-10-02/features/8802270382_1_delaware-sentence-prison Joan Andrews: The Woman Who Would Be A Martyr] {{Webarchive|url=https://web.archive.org/web/20180912022208/http://articles.sun-sentinel.com/1988-10-02/features/8802270382_1_delaware-sentence-prison |date=2018-09-12}}, Sun-Sentinel (October 2, 1988).

Between 1993 and 2015, 11 people were killed at American abortion clinics. On March 10, 1993, Dr. David Gunn of Pensacola, Florida, was fatally shot during a protest. He had been the subject of wanted-style posters distributed by Operation Rescue in the summer of 1992. Michael F. Griffin was found guilty of Gunn's murder and was sentenced to life in prison.{{Cite news|url=https://www.nytimes.com/1993/03/14/us/the-clinic-gunman-and-the-victim-abortion-fight-reflected-in-2-lives.html|title=The Clinic Gunman and the Victim: Abortion Fight Reflected in 2 Lives|last=Rimer|first=Sara|date=1993-03-14|work=The New York Times|access-date=2019-05-22|language=en-US|issn=0362-4331}}{{Cite web|url=https://www.chicagotribune.com/sns-abortion-timeline-story.html|title=Timeline of abortion laws and events|last=Tribune|first=Chicago|website=chicagotribune.com|language=en-US|access-date=2019-05-23}} Gunn was the first doctor in the United States to be killed by anti-abortion activists.

On July 29, 1994, Dr. John Britton and James Barrett, a clinic escort, were both shot to death outside the Ladies Center in Pensacola. June Barrett was injured in the shooting. Paul Jennings Hill was charged with the killings, received a death sentence, and was executed on September 3, 2003. The clinic in Pensacola was bombed in 1984 and was also in 2012."[https://finance.yahoo.com/news/man-arrested-charged-fla-abortion-135206714.html Man arrested, charged in Fla. abortion clinic fire]". yahoo.com. Retrieved April 3, 2018. Paul Jennings Hill said of his conviction, "I believe in the short and long term, more and more people will act on the principles for which I stand. [...] I'm willing and I feel very honored that they are most likely going to kill me for what I did."

In 1998, there were six arson attacks, four bombings, one murder, and 19 acid attacks at abortion clinics in the United States. The butyric acid attacks took place between May and July in Florida, Louisiana, and Texas. An attack took place at an abortion clinic in Miami, Florida, on May 16, 1998. A few days later, on May 21, 1998, three people were injured when acid was poured at the entrances of five abortion clinics in Miami."[https://pqasb.pqarchiver.com/baltsun/access/29702219.html?dids=29702219:29702219&FMT=ABS&FMTS=ABS:FT&type=current&date=May+22,+1998&author=&pub=The+Sun&desc=3+injured+in+Fla.+abortion+clinic+vandalism;+FBI+launches+probe&pqatl=google 3 injured in Fla. abortion clinic vandalism; FBI launches probe] {{Webarchive|url=https://web.archive.org/web/20121103105844/https://pqasb.pqarchiver.com/baltsun/access/29702219.html?dids=29702219:29702219&FMT=ABS&FMTS=ABS:FT&type=current&date=May+22,+1998&author=&pub=The+Sun&desc=3+injured+in+Fla.+abortion+clinic+vandalism;+FBI+launches+probe&pqatl=google |date=2012-11-03}}", The Baltimore Sun, May 22, 1998 On July 4, 2005, a clinic in West Palm Beach, Florida, was the target of a probable arson.William E. Dyson, [https://books.google.com/books?id=rvrrBAC7hJAC&pg=PA479 Terrorism: An Investigator's Handbook] (3rd ed.: Routledge, 2008), p. 479.[http://articles.sun-sentinel.com/2005-07-06/news/0507060061_1_abortion-clinic-presidential-women-s-center-night-blaze Abortion Clinic Fire Suspicious] {{Webarchive|url=https://web.archive.org/web/20170205181729/http://articles.sun-sentinel.com/2005-07-06/news/0507060061_1_abortion-clinic-presidential-women-s-center-night-blaze |date=2017-02-05}}, South Florida Sun-Sentinel (July 6, 2005).

On January 1, 2012, Bobby Joe Rogers, 41, firebombed the American Family Planning Clinic in Pensacola, Florida, with a Molotov cocktail; the fire gutted the building. Rogers told investigators that he was motivated to commit the crime by his opposition to abortion and that what more directly prompted the act was seeing a patient enter the clinic during one of the frequent anti-abortion protests there. The clinic had previously been bombed at Christmas in 1984 and was the site of the murder of Dr. John Britton and James Barrett in 1994.{{Cite news|url=https://finance.yahoo.com/news/man-arrested-charged-fla-abortion-135206714.html|title=Man arrested, charged in Fla. abortion clinic fire|last=Nelson|first=Melissa|date=January 6, 2012|publisher=Yahoo! Finance|agency=Associated Press}} The Army of God published a "Defensive Action Statement" signed by more than two dozen supporters of Hill, saying that "whatever force is legitimate to defend the life of a born child is legitimate to defend the life of an unborn child... if in fact Paul Hill did kill or wound abortion care provider John Britton and clinic assistants James Barrett and Mrs. Barrett, his actions are morally justified if they were necessary for the purpose of defending innocent human life".{{cite book|url=https://books.google.com/books?id=ovBeXk1o9o8C&q=whatever+force+is+legitimate+to+defend+the+life+of+a+born+child+is+legitimate+to+defend+the+life+of+an+unborn+child&pg=PA78|title=Armed for Life: The Army of God and Anti-Abortion Terror in the United States|last=Jefferis|first=Jennifer|date=2011|publisher=ABC-CLIO|location=Santa Barbara|isbn=9780313387531}}Robinson, B.A., Ontario Consultants on Religious Tolerance (November 9, 2004), [http://www.religioustolerance.org/abo_viol.htm "Violence & Harassment at U.S. Abortion Clinics"]. Retrieved April 13, 2006. The organization embraces its description as terrorist.{{Cite book|url=https://books.google.com/books?id=MNuQO-TWbt8C&pg=PA40|title=Armed for Life: The Army of God and Anti-Abortion Terror in the United States|last=Jefferis|first=Jennifer|publisher=ABC-CLIO|year=2011|page=40|isbn=9780313387548}}

On October 10, 2020, a man threw multiple Molotov cocktails at a Planned Parenthood clinic in Fort Myers, Florida.{{cite web|url=https://www.winknews.com/2020/10/12/deputies-looking-for-man-they-say-committed-arson-at-fort-myers-planned-parenthood-center/ |title=Deputies looking for man they say committed arson at Fort Myers Planned Parenthood center |date=October 13, 2020|publisher=WINK News}} He was later convicted of arson, using an incendiary device and criminal mischief with property damage, sentenced to one year in prison and seven years probation.{{cite web|url=https://winknews.com/2021/06/22/fort-myers-man-pleads-guilty-to-setting-fire-at-planned-parenthood-building/ |title=Fort Myers man pleads guilty to setting fire at Planned Parenthood building |date=June 22, 2021|publisher=WINK News}}

References