Convention of States Action Florida strives not only to sustain its passed resolution for an Article V Convention of the States, it also works diligently to assist other states to pass their own identical resolutions. While we await their success we are equally compelled to inform Florida residents of significant legislation passed or pending in the State and in Washington D.C.
The 2024 Federal Election for President may be the hot ticket around the Nation but here in Florida, there are six (6) state constitution amendment initiatives on our ballot for the November 5th election and they are expected to have a great impact on everyone to some degree or other.
To conclude our blog series about these upcoming ballot initiatives, here we will be learning about Florida Amendment 4, the Right to Abortion Initiative (2024) and what it means, not just for Florida constituents, but for anyone traveling to and from the state seeking an abortion.
The ballot initiative reads as follows:
| 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. |
From the James Madison Institute:
"Constitutional Merit: This measure can be enacted in statute by the Florida Legislature. It does not require a constitutional amendment to change current law. "
*A YES Vote will:
Codify abortion into the State Constitution, permitting termination of a pregnancy up to the fetus' viability (various websites claim that's "24 weeks", but that is not true, so please read the TRUE definition of viability here), or beyond that period when deemed necessary, by a licensed physician or other licensed healthcare provider’s determination.
**A NO Vote will:
Not codify abortion into the State Constitution. Debate within the State can continue from either side of standing abortion issues. The State's existing rules, and exceptions for rape, incest, trafficking, fetal fatal abnormality, or imminent threat to the mother's health will remain in place. The requirement for doctor involvement and parental consent will also remain in place to protect pregnant women.
The ballot initiative sponsored by the organization Floridians Protecting Freedom, if passed, will amend and codify, through the Florida State Constitution, the right to an abortion from the moment of conception up to just before viability, which is estimated to be approximately 24 weeks (6 months) gestation. The access to an abortion, particularly in those cases where the woman is already well along in her pregnancy, would need to be supported by the patient's healthcare provider before an abortion procedure could be performed. The State's ability to require notification of the parents of an underage patient would not be rescinded.
In opposition to Amendment 4 is Florida Voters Against Extremism, who argue that the initiative's required professional support for an abortion by a healthcare provider is too vague a term and may not require the recommendation and clearance by a licensed medical doctor (MD) as opposed to a licensed mental health counselor (LMHC), for example. This may be significant in cases where an abortion is desired at 24 weeks for mental health reasons as opposed to cases where there is an imminent threat to the life of the patient that requires medical intervention.
The Controversy
An area of great relevance and controversy involves the individual stages of human development and which one(s) would be ethical and/or adequate to legislate varying cut-offs for an elective abortion or other relevant scenarios where there is a threat to one's health. Because of this element of timing, it is important that all who are drafting legislation and the citizens who will be voting for or against the initiative understand the stages of fetal development in general. Women who are contemplating an imminent decision are best served by having a reasonable understanding of this themselves as a means of informed consent.
For reference, we rely on development charts and graphics to view and calculate the gestational stages of human development and limitations on termination of a human fetus. This is the front-and-center issue being hotly contested from multiple sides, multiple belief systems and multiple jurisdictions of key legislation, and the individual states' legislatures following the historic overturning of Roe v. Wade on June 24, 2022.
Florida's termination limitations have fluctuated over the years as shown in the graphic below:
Just as a decision of whether to keep a child is a difficult and momentous one, so is the decision of cementing legislation for the means to an end of a pregnancy.
While Convention of States Florida does not have any position on this initiative, it does support efforts to sustain a well-educated citizenry to actively participate in the means of governance as protected by our state and federal constitutions.
To read more about the other five (5) Florida Amendments to vote on this November, click on the links below:
Partisan Election of School Board Members Amendment 1
Right to Fish and Hunt Amendment 2
Adult Personal Use of Marijuana Amendment 3
Annual Adjustment to Value of Certain Homestead Exemptions Amendment 5
Repeal of Public Campaign Financing requirement Amendment 6
If you are interested in becoming an active volunteer in our grassroots effort to call an Article V Convention of States and to educate others, click here for more information and sign the petition below.
Author's note: Originally published June 7, 2024.
*/** October 3, 2024 - Additional language and references have been added to clarify the limitations, standing rules and exceptions to both the existing Florida Abortion Law and the pending Amendment 4 initiative on the ballot.
