2024 Florida Amendment 4
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Amendment to Limit Government Interference with Abortion |
Elections in Florida |
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Florida Amendment 4 is a proposed amendment to the Florida Constitution that will be subject to a referendum on November 5, 2024.[1] The amendment would establish a constitutional right to abortion before fetal viability (generally considered to be between 23 and 24 weeks gestational age). A 60% supermajority vote is required for the amendment to be approved.[2][3]
Content
[edit]The ballot summary for the amendment states:[4]
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.
If approved, the initiative would add the following text to Article I of the Florida Constitution:
Except as provided in Article X, Section 22, 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.
Legal challenges
[edit]Florida Attorney General Ashley Moody, a Republican, has opposed the ballot initiative since October 2023, when she asked the Florida Supreme Court to analyse the ballot initiative.[5][6] 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".[7]
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.[8] 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."[9] 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."[8][10]
Support and opposition
[edit]- U.S. Executive Branch officials
- Joe Biden, 46th President of the United States (2021-present) (Democrat)[11]
- Statewide officials
- Nikki Fried, 12th Agriculture Commissioner of Florida (2019–2023), and Chair of the Florida Democratic Party (Democrat)[12]
- U.S. Representatives
- Kathy Castor, U.S. representative from FL-14 (2007–present)[a] (Democrat)[13]
- Sheila Cherfilus-McCormick, U.S. representative from FL-20 (2022–present) (Democrat)[14]
- Lois Frankel, U.S. representative from FL-22 (2013–present) (Democrat)[15]
- Maxwell Frost, U.S. representative from FL-10 (2023–present) (Democrat)[16]
- Jared Moskowitz, U.S. representative from FL-23 (2023–present) (Democrat)[17]
- Darren Soto, U.S. representative from FL-9 (2017–present) (Democrat)[18]
- Debbie Wasserman Schultz, U.S. representative from FL-25 (2005–present)[b] (Democrat)[19]
- Frederica Wilson, U.S. representative from FL-24 (2011–present)[c] (Democrat)[20]
- State Senators
- Lori Berman, state senator from the 31st district (2018–present) (Democrat)[21]
- Lauren Book, Minority Leader of the Florida Senate (2021–present), and state senator from the 35th district (2020–present) (Democrat)[22]
- Tracie Davis, state senator from the 5th district (2022–present) (Democrat)[23]
- Shevrin Jones, state senator from the 34th district (2020–present) (Democrat)[3]
- Tina Polsky, state senator from the 30th district (2020–present) (Democrat)[24]
- Linda Stewart, state senator from the 13th district (2016–present) (Democrat)[25]
- State Representatives
- Robin Bartleman state representative from the 103rd district (2020–present) (Democrat)[26]
- Lindsay Cross, state representative from the 60th district (2022–present) (Democrat)[27]
- Dan Daley state representative from the 96th district (2019–present) (Democrat)[28]
- Fentrice Driskell, Minority Leader of the Florida House of Representatives (2022–present) from the 67th district (2018–present) (Democrat)[29]
- Anna Eskamani state representative from the 42nd district (2018–present) (Democrat)[30]
- Ashley Gantt, state representative from the 109th district (2022–present) (Democrat)[31]
- Rita Harris, state representative from the 44th district (2022–present) (Democrat)[32]
- Dianne Hart state representative from the 61st district (2018–present) (Democrat)[33]
- Christine Hunschofsky state representative from the 95th district (2020–present) (Democrat)[34]
- Tom Keen state representative from the 35th district (2024–present) (Democrat)[35]
- Angie Nixon state representative from the 13th district (2020–present) (Democrat)[36]
- Susan Valdes state representative from the 64th district (2022–present) (Democrat)[37]
- Labor unions
- Organizations
- Statewide officials
- Ron DeSantis, 46th Governor of Florida (2019–present) (Republican)[46]
- Ashley Moody, 38th Florida Attorney General (2019–present) (Republican)[47]
- U.S. Senators
- Marco Rubio, U.S. Senator from Florida (2011–present) (Republican)[48]
- Rick Scott, U.S. Senator from Florida (2019–present) (Republican)[49]
- State Senators
- Danny Burgess, state senator from the 20th district (2020–present) (Republican)[50]
- State Representatives
- Jenna Persons-Mulicka, state representative from the 78th district (2020–present) (Republican)[51]
- Paul Renner, Speaker of the Florida House of Representatives (2022–present) from the 19th district (2015–present) (Republican)[52]
- Individuals
- Frank Pavone, anti-abortion activist and National Director of Priests for Life[53]
- Evan Power, Chairman of the Republican Party of Florida[54]
- Organizations
Florida Governor Ron DeSantis in April 2024 criticized Florida Amendment 4 as "radical" and "very, very extreme".[46] Florida State Senator Shevrin Jones supported the amendment, stating "Abortion IS healthcare, and every Floridian should be able to access the care they need without government interference."[3]
Former President Donald Trump, who is a Florida resident and the Republican presidential nominee for the 2024 presidential election, has not indicated how he plans to vote on the amendment. He has spoken against a national abortion ban, and has criticized both the 6-week ban passed by the Florida legislature and abortions later in pregnancy.[62]
Polling
[edit]Poll source | Date(s) administered | Sample size[d] | Margin of error | For[e] | Against | Undecided |
---|---|---|---|---|---|---|
Florida Atlantic University/Mainstreet Research | August 10–11, 2024 | 1,055 (RV) | ± 3.0% | 56% | 21% | 23% |
University of North Florida | July 24–27, 2024 | 774 (LV) | ± 4.6% | 69% | 23% | 8% |
Fox News/Beacon Research/Shaw & Company Research | June 1–4, 2024 | 1,075 (RV) | ± 3.0% | 69% | 27% | 4% |
CBS News/YouGov | May 10–16, 2024 | 1,576 (LV) | ± 3.1% | 60% | 20% | 19% |
Cherry Communications (R)[A] | April 28 – May 7, 2024 | 609 (LV) | ± 4.0% | 61% | 29% | 10% |
Florida Atlantic University/Mainstreet Research | April 15–17, 2024 | 865 (A) | ± 3.3% | 49% | 19% | 32% |
Emerson College | April 9–10, 2024 | 1,000 (RV) | ± 3.0% | 42% | 25% | 32% |
USA Today/Ipsos | April 5–7, 2024 | 890 (RV) | ± 4.1% | 57% | 36% | 6% |
University of North Florida | November 6–26, 2023 | 716 (RV) | ± 4.37% | 62% | 29% | 9% |
Notes
[edit]- Partisan clients
- ^ Poll sponsored by the Florida Chamber of Commerce
References
[edit]- ^ Lizza, Ryan (April 6, 2024). "Abortion Might Be a Winning Issue — Even in Florida". Politico Magazine. Retrieved April 13, 2024.
- ^ "Florida Amendment 4, Right to Abortion Initiative (2024)". Ballotpedia. Retrieved 6 April 2024.
- ^ a b c Miami Times Staff (2 April 2024). "Recreational weed and abortion referendums approved for Florida ballot". The Miami Times. Retrieved 6 April 2024.
- ^ "Amendment to Limit Government Interference with Abortion". Florida Division of Elections. Retrieved 13 April 2024.
- ^ "Florida's Republican attorney general will oppose putting abortion rights amendment on 2024 ballot". Associated Press. October 11, 2023. Retrieved April 13, 2024.
- ^ "Florida Attorney General Ashley Moody to fight abortion amendment". CBS Miami. October 9, 2023. Retrieved April 13, 2024.
- ^ Farrington, Brendan (November 2, 2023). "Florida attorney general, against criticism, seeks to keep abortion rights amendment off 2024 ballot". Associated Press. Retrieved April 13, 2024.
- ^ a b Mizelle, Shawna (April 1, 2024). "Florida Supreme Court clears the way for abortion ballot initiative while upholding 15-week abortion ban". CBS News. Retrieved April 13, 2024.
- ^ Suarez, Carlos; Royal, Denise; Forrest, Jack (April 2, 2024). "Florida six-week abortion ban will soon become law, but voters will consider a constitutional amendment this fall". CNN. Retrieved April 13, 2024.
- ^ Saunders, Jim (April 9, 2024). "Abortion proposal on Florida's November ballot might not end legal fights about the issue". WUSF (FM). Retrieved April 15, 2024.
- ^ Stofan, Jake (April 23, 2024). "President Biden leans in backing Florida abortion initiative, while Trump avoids taking a stance". FOX 30. Retrieved May 20, 2024.
- ^ @NikkiFried (April 10, 2024). "My grandmother had to go to Cuba for an abortion, it scarred her for life - literally. Floridians are NOT ok going back in time! #Yeson4" (Tweet) – via Twitter.
- ^ @KathyCastorFL (April 1, 2024). "Abortion rights are on the ballot this November, and it's up to us to get to the 60%. Floridians believe women should make personal health decisions, not DeSantis or any other politician. Don't agonize, organize!!" (Tweet) – via Twitter.
- ^ @CongresswomanSC (April 1, 2024). "I applaud the Florida Supreme Court's decision today to allow a ballot initiative empowering Floridians to vote on safeguarding abortion rights. This marks significant progress and underscores that reproductive rights belong in the hands of patients, not politicians" (Tweet) – via Twitter.
- ^ @LoisFrankel (April 12, 2024). "*In case you missed it* Florida made a historic move with Amendment 4 passing! This ballot initiative on abortion rights signals a significant step forward for reproductive freedom. Make sure you re-register for your ballot to Vote YES on 4!" (Tweet) – via Twitter.
- ^ @MaxwellFrostFL (December 15, 2023). "Florida!! We are very close to having enough petitions signed to get abortion on the ballot. You can sign the petition here 👇🏾https://floridiansprotectingfreedom.com/petition/" (Tweet) – via Twitter.
- ^ @RepMoskowitz (April 1, 2024). "I applaud the Florida Supreme Court's decision today to allow a ballot initiative protecting abortion rights in the Sunshine State. Everyone deserves the right to make their own healthcare decisions, and this referendum gives women the opportunity to voice that opinion" (Tweet) – via Twitter.
- ^ @RepDarrenSoto (April 30, 2024). "ICYMI: We welcomed @WhipKClark to #FL9 for a discussion with healthcare professionals about the harm the six-week abortion ban, effective tomorrow, poses to women in Florida. This November, Floridians will have the final say over reproductive freedom at the ballot box" (Tweet) – via Twitter.
- ^ @DWStweets (January 5, 2024). "🚨ALERT FLA VOTERS🚨 It's official: #AbortionOnTheBallot has enough signatures to qualify for the election. Next up Florida's Supreme Court will hear arguments 2/7 on the amendment to ensure we have abortion rights in our state. It's time to protect womens' [sic] right to choose!" (Tweet) – via Twitter.
- ^ @RepWilson (October 18, 2023). "The U.S. Supreme Court has eviscerated Roe v. Wade. Florida groups are coming together to protect our reproductive rights from extreme politicians in Tallahassee. Sign onto @FLProtectFree's ballot initiative today because a woman's body belongs to HER! http://FloridiansProtectingFreedom.com" (Tweet) – via Twitter.
- ^ @loriberman (May 1, 2024). "This is a true Mayday call for everyone in the State of Florida that cares about women. Decisions about reproductive healthcare should be between a woman, her family and her physician. I urge all Floridians to vote YES on Amendment 4 on November 5th" (Tweet) – via Twitter.
- ^ @LeaderBookFl (May 10, 2023). "If you are a Florida voter, print the petition from the website below — then sign & send to: Ballot Initiative Collection 2300 N. Florida Mango Road West Palm Beach, FL 33409" (Tweet) – via Twitter.
- ^ @traciedavisjax (May 1, 2024). "With abortion access on the ballot, we will stop Florida's attack on women in November" (Tweet) – via Twitter.
- ^ @TinaPolsky (April 15, 2024). "Please read this thread and know this is going on everywhere there are bans of any kind. And then commit to vote YES on amendment 4 in Florida! #YesOn4" (Tweet) – via Twitter.
- ^ @LindaStewartFL (April 13, 2024). "Huge turnout for the @yes4florida rally in #Orlando in support of abortion access for all Floridians! #YesOn4 ✅" (Tweet) – via Twitter.
- ^ @Robin_Bartleman (April 1, 2024). "In 30 days, Florida's 6 week abortion ban goes into effect - we will have an opportunity have our voices heard in November" (Tweet) – via Twitter.
- ^ @LindsayCrossFL (April 30, 2024). "When you wake up tomorrow, women in Fl will all but lose their reproductive rights. Florida's 6-week abortion ban goes into effect May 1st which is why it's SO important to vote Yes on Amendment 4 & for candidates who support womens right to make their own healthcare decisions" (Tweet) – via Twitter.
- ^ @DanDaley (May 1, 2024). "This law is unconscionable. We fought it as much as we could in Tallahassee, but now it is up to you - the voter. Vote "YES" on Amendment 4 this November and help restore some sanity to Florida…" (Tweet) – via Twitter.
- ^ @FentriceForFL (May 1, 2024). "1:30 pm today: On my way to Jacksonville to stand with @VP and address Florida's new 6 Week Abortion Ban. This restrictive law is a major threat to reproductive rights. We must be ready to vote #YesOn4 this November to protect the freedom of choice in our state!" (Tweet) – via Twitter.
- ^ @AnnaForFlorida (January 7, 2024). "1⃣ @flprotectfree announced yesterday a historic milestone: more than 910,000 petitions have been collected and verified to get abortion on the ballot in Florida this November. Of course, there is more to come and you can learn next steps here" (Tweet) – via Twitter.
- ^ @Gantt4Florida (May 1, 2024). "Today the 6 week abortion ban is now law in Florida. In November, vote Yes on Amendment 4. This law is in effect today because the Republicans believe they know better than you, your family, and your doctors. It won't stop here. Remember the saying, fool me once…" (Tweet) – via Twitter.
- ^ @RitaForFloria (April 13, 2024). "Today I stood with my colleagues and advocates to spread the message that Healthcare is on the ballot! We cannot allow Florida to return to the dark ages concerning women's health care. In November let's vote #YesOn4" (Tweet) – via Twitter.
- ^ @DianneHartFL (April 19, 2024). "It was great to kick off the campaign for #yeson4! Saw so many amazing friends and advocates! So much energy! I know that we can and will win! 🙌" (Tweet) – via Twitter.
- ^ @CHunschofsky (May 1, 2024). "Today the 6-week abortion ban goes into effect in Florida because of a bill passed and signed into law by the Republican Legislature and Governor. This November, Florida's voters can undo this 6-week ban by voting YES on AMENDMENT 4 #YesOn4" (Tweet) – via Twitter.
- ^ @KeenForFL (April 14, 2024). "An amazing day with @Men_4_Choice in Orlando. #YesOn4 to protect your right to choose" (Tweet) – via Twitter.
- ^ @AngieNixon (May 1, 2024). "Share these resources far and wide, it could change someone's life. Then, remember in November to vote "yes" on Amendment 4 so we can get these politicians like #RonDesantis out of our exam rooms! #yeson4 #abortionban #florida" (Tweet) – via Twitter.
- ^ @SusanLValdesFL (April 18, 2024). "Today I spoke against the 6 week abortion ban. This is extremist legislation that has politicians interfering in what should be a personal medical decision. Floridians can still fight back by voting #YesOn4 and voting for politicians that support your right to bodily autonomy" (Tweet) – via Twitter.
- ^ "Statement from Roxey Nelson of 1199SEIU United Healthcare Workers East On Florida Supreme Court Amendment 4 Reproductive Rights Ruling". 1199SEIU United Healthcare Workers East. 1 April 2024. Retrieved 21 April 2024.
- ^ @ACLUFL (April 19, 2024). ""Scenes like this are what awaits those who are pregnant in Florida under the six-week abortion ban that starts in May. Vote YES on 4 this November to stop government interference in abortion" (Tweet) – via Twitter.
- ^ @Catholics4Choice (May 15, 2024). ""I grew up Catholic. Here's why I'm fighting against Florida's six-week abortion ban." #YesOn4 Read more in this powerful op-ed by CFC advocate Olga Granda ➡️" (Tweet) – via Twitter.
- ^ @equalityfl (April 1, 2024). "BREAKING: The FL Supreme Court has just ruled in favor of adding abortion to the General Election ballot this November! This is a huge step forward in the fight to protect abortion rights in Florida. But the work isn't over! Join @yes4florida to help pass Amendment 4!" (Tweet) – via Twitter.
- ^ @FlaDems (April 23, 2024). "President Biden said it best: Don't mess with the women of America. It's time to turn out and vote YES on Amendment 4 in November to protect reproductive rights once and for all" (Tweet) – via Twitter.
- ^ @LWVFL (May 9, 2024). "Hundreds packed the Winter Park Events Center to hear what's changed and what's next when it comes to abortion access in Florida. A lot has changed in just the last week or so, with the state's six-week ban taking effect. Way to go @LWVOC! 🍊❤️ #YesOn4" (Tweet) – via Twitter.
- ^ @PPact (April 1, 2024). "Good news: Abortion is on the ballot in Florida this November, and Floridians will get to make the decision about their own reproductive rights and freedoms! 🙌🎊 Follow along @yes4florida to learn how to get involved" (Tweet) – via Twitter.
- ^ @reproforall (May 1, 2024). "If you live in Florida, get ready to vote YES on Amendment 4 to enshrine abortion rights in the state constitution, kick Rick Scott out of office (where he belongs!), and commit to being a #ReproFreedomVoter this November: https://act.reproductivefreedomforall.org/a/be-a-repro-freedom-voter?ms=twt_cul_elect_202405" (Tweet) – via Twitter.
- ^ a b "Gov. DeSantis calls abortion, marijuana ballot amendments too "radical" to pass". CBS Miami. April 5, 2024. Retrieved April 13, 2024.
- ^ Farrington, Brendan (November 2, 2023). "Florida attorney general, against criticism, seeks to keep abortion rights amendment off 2024 ballot". Associated Press. Retrieved April 13, 2024.
- ^ Christopher Heath (16 April 2024). "Florida Abortion amendment gets a 'no' from Sen. Rubio". WFTV9. Retrieved 19 April 2024.
- ^ Stephany Matat (10 April 2024). "Sen. Rick Scott softens his abortion position after Florida Supreme Court ruling". WFTV9. Retrieved 19 May 2024.
- ^ @DannyBurgessFL (May 8, 2024). "I am asking Floridians to vote NO on Amendment 4. This deceptive amendment is actually so far-reaching that it should stop even the most pro-choice leaning voters in their tracks. This amendment would remove parental consent for minors, allow for late term abortions and permit any "healthcare" provider to perform this life-altering, irreversibly invasive act, even as late as in the 9th month of pregnancy. This measure is extreme and does not belong in our statutes, let alone our constitution. #NoOn4 #FlaPol" (Tweet) – via Twitter.
- ^ @jenna_persons (April 1, 2024). "The majority of Floridians do not believe in abortion on demand until the moment of birth. Please share the truth about this extreme amendment that only benefits the pockets of abortion providers and Vote No on Amendment 4!" (Tweet) – via Twitter.
- ^ @Paul_Renner (April 1, 2024). "We are confident that when the people of Florida learn what this amendment does, they will vote NO on Amendment 4" (Tweet) – via Twitter.
- ^ @frfrankpavone (May 15, 2024). "Speaking this past Thursday to the West Orange Republican Women Federated luncheon was inspiring, as we discussed how to stop the pro-abortion Amendment 4 in Florida" (Tweet) – via Twitter.
- ^ @EvanPower (April 4, 2024). "Vote no on 4!" (Tweet) – via Twitter.
- ^ @DemsForLifeFL (May 17, 2024). "According to the Guttmacher Institute, half of all abortions involve couples who admittedly made no effort to avoid pregnancy, and half of all abortion users are repeats. Amendment 4 would allow abortion to continue to be used essentially as birth control. Vote no on Amendment 4" (Tweet) – via Twitter.
- ^ @FloridaGOP (May 6, 2024). "The Florida GOP Executive Board unanimously passed a resolution opposing amendments 3 (recreational marijuana) & 4 (abortion up until birth) & supporting the balance of the Constitutional amendments that will appear on the 2024 ballot. View Press Release" (Tweet) – via Twitter.
- ^ @UnbornVoiceFL (April 16, 2024). "#FloridaVoiceForTheUnborn Executive Director @realAShirvell is in MIAMI today with @SFLAction President @KristanHawkins -- urging all Florida voters with a functioning conscience to Vote NO on Amendment 4 this fall! We must DEFEAT this EVIL #abortion-until-birth proposal! 💯 #FlaPol #Sayfie #Florida #VoteNOon4 #Stop_Abortion_Now" (Tweet) – via Twitter.
- ^ @LCActionorg (May 14, 2024). ""It's also important that we defeat (Amendment 4) to ensure Florida stays a pro-life sanctuary state and not a graveyard for the preborn." More on Florida's new Heartbeat Law and the threat of Amendment 4 from @JohnStemberger in @FLVoiceNews" (Tweet) – via Twitter.
- ^ @nrlc (April 23, 2024). "A day in the life of the abortion president. Joe visits Florida, Joe pushes the radical and dangerous abortion amendment, Joe eats Ice Cream, Joe Leaves Florida. Don't be like Joe; vote No on Amendment 4" (Tweet) – via Twitter.
- ^ @StudentsforLife (April 19, 2024). "SPREAD THE WORD — Vote NO on Amendment 4 in Florida this November! This week, our team traveled across the state of Florida to educate voters on this dangerous late-term abortion amendment. We must do everything we can to save as many innocent lives as we can. In case you didn't know, this ballot referendum will: - Legalize abortion through all 9 months. - Endanger mothers and underaged girls. - Allow non-physicians to commit abortions. Not to mention, this would completely overwrite all pro-life protections we've fought hard for in the state. These barbaric laws don't belong anywhere in the U.S. Learn more at http://AbortionBallot.org" (Tweet) – via Twitter.
- ^ @sbaprolife (May 2, 2024). "'Amendment 4 would not just get rid of the Heartbeat Act, it would get rid of all of our pro-life laws.' SBA's @KatieGlenn_ joined @EWTNNewsNightly to explain why Big Abortion is trying to strip parental consent in Florida with this extremely vague amendment. #flpol" (Tweet) – via Twitter.
- ^ Leonard, Kimberly; Sarkissian, Arek (10 April 2024). "Trump's abortion stance could put Florida Republicans in a bind". Politico. Retrieved 21 April 2024.
External links
[edit]- Advisory Opinion to the Attorney General re: Limiting Government Interference with Abortion – issued April 1, 2024 by the Supreme Court of Florida