Malcolm Rivera
The Florida Constitution does not protect abortion, according to a recent ruling by the state's Supreme Court. The court's decision means that Florida can enforce a ban on abortions after 15 weeks, with the exception of a separate opinion approving language for a November ballot referendum protecting abortion access through fetal viability. This ruling overrules a 1989 precedent that held the Florida Constitution's Privacy Clause protected the right to abortion. The court's majority noted that the six-week ban, which was adopted last year, was contingent on one of four things happening, including the overruling of privacy protection for abortion.
| Characteristics | Values |
|---|---|
| Does the Florida Constitution protect abortion? | No |
| Does the Florida Constitution's right to privacy protect abortion? | No |
| Can Florida enforce a ban on abortions after 15 weeks? | Yes |
| Can Florida enforce a ban on abortions after 6 weeks? | Yes |
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What You'll Learn
- Florida's Supreme Court rules that the state's constitution doesn't protect abortion
- The state's constitution allows a ban on abortions after 15 weeks
- The 1980 amendment to the state's constitution added a right to privacy
- The Florida court approved language for a November ballot referendum protecting abortion access through fetal viability
- The Florida Constitution's Privacy Clause previously protected the right to abortion
Florida's Supreme Court rules that the state's constitution doesn't protect abortion
Florida's Supreme Court has ruled that the state's constitution does not protect abortion, allowing the state to enforce a ban on abortions after 15 weeks. The court's decision was based on the interpretation of a 1980 amendment that added the right to privacy to the state constitution. The court ruled that voters who approved the amendment would not have understood that it created a fundamental right to end a pregnancy before a fetus would be able to live independently outside the womb. The privacy amendment guarantees the right to be let alone and free from governmental intrusion into the person's private life.
The court's decision overruled its 1989 precedent, which held that the Florida Constitution's Privacy Clause protected the right to abortion. This protection was among the strongest for the procedure in the country, going beyond what the U.S. Supreme Court allowed in its 1973 Roe v. Wade ruling. The court's majority noted that the six-week ban, which the Legislature adopted last year, was contingent on one of four things happening: that the court overturned its privacy protection for abortion; that it uphold the ban after 15 weeks' gestation that the Legislature imposed in 2022; that a state constitutional amendment clarify that the Privacy Clause does not protect the procedure; or that the court recede from others of its earlier rulings protecting abortion rights.
The decision puts Florida in line with other Southern states, including Georgia and South Carolina, which have enacted similar six-week bans. It is a step backward for abortion advocates, who argued that the laws don't pass muster under state constitutions. In the Dobbs v. Jackson Women's Health Organization case, the U.S. Supreme Court overruled Roe v. Wade and said that states have the authority to regulate or ban abortion. This holding prompted Florida and other states to enact laws that severely restrict abortion access, even when their own constitutions had been interpreted otherwise.
However, in a separate opinion, the Florida court approved language for a November ballot referendum protecting abortion access through fetal viability. This would give voters the opportunity to decide on the issue and potentially overturn the court's ruling.
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The state's constitution allows a ban on abortions after 15 weeks
The Florida Constitution does not protect abortion access, according to the state's supreme court. This means that Florida can enforce a ban on abortions after 15 weeks. The court's majority opinion ruled that the privacy amendment, which guarantees the right "to be let alone and free from governmental intrusion into the person's private life", wasn't thought to cover abortion when it was adopted in 1980.
The court's ruling overruled its 1989 precedent, which held that the Florida Constitution's Privacy Clause protects the right to abortion. This protection was among the strongest for the procedure in the country, going beyond what the US Supreme Court allowed in its 1973 Roe v. Wade ruling.
The Florida court's decision puts the state in line with other Southern states, including Georgia and South Carolina, which have six-week abortion bans in effect. It is a step backward for abortion advocates, who argued that the laws don't pass muster under state constitutions.
In a separate opinion, the Florida court approved language for a November ballot referendum protecting abortion access through fetal viability.
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The 1980 amendment to the state's constitution added a right to privacy
The Florida Constitution does not protect abortion access, according to the state's Supreme Court. The court ruled that the 1980 amendment to the state's constitution, which added a right to privacy, does not protect the right to end a pregnancy before a fetus would be able to live independently outside the womb.
The privacy amendment guarantees the right "to be let alone and free from governmental intrusion into the person's private life". However, the court's majority opinion ruled that, based on an analysis of newspapers and dictionaries from the era when the privacy amendment was adopted, along with the amendment's legislative history, it wasn't thought to cover abortion.
This ruling puts Florida in line with other Southern states, including Georgia and South Carolina, which have enacted six-week abortion bans. It is a setback for abortion advocates who argued that, even without federal constitutional protections after the US Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, state constitutions should protect abortion access.
However, in a separate opinion, the Florida court approved language for a November ballot referendum protecting abortion access through fetal viability.
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The Florida court approved language for a November ballot referendum protecting abortion access through fetal viability
The Florida Constitution does not protect abortion access. The state supreme court has ruled that the Florida Constitution's right to privacy does not protect the procedure. The court's majority opinion ruled that the privacy amendment, which guarantees the right "to be let alone and free from governmental intrusion into the person's private life", was not thought to cover abortion. This was based on an analysis of newspapers and dictionaries from the era when the privacy amendment was adopted, as well as the amendment's legislative history.
However, in a separate opinion, the Florida court approved language for a November ballot referendum protecting abortion access through fetal viability. This referendum will give voters the opportunity to decide whether to amend the state constitution to protect abortion access. The referendum is a response to the court's ruling that the Florida Constitution does not protect abortion and the subsequent enactment of laws that severely restrict abortion access in the state.
The court's ruling on the privacy amendment has significant implications for abortion access in Florida. The ruling allows the state to enforce a ban on abortions after 15 weeks, with the court upholding the ban after 15 weeks' gestation that the Legislature imposed in 2022. This puts Florida in line with other Southern states, such as Georgia and South Carolina, which have enacted similar six-week bans.
The court's decision to approve the language for the November ballot referendum provides a potential pathway for protecting abortion access in the state. By allowing voters to decide on the amendment, the court is recognising the importance of the issue and giving Floridians a say in shaping the future of abortion rights in their state.
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The Florida Constitution's Privacy Clause previously protected the right to abortion
The Privacy Clause, also known as the privacy amendment, guarantees the right "to be let alone and free from governmental intrusion into the person's private life". Despite this, the Florida court's analysis of historical sources, including newspapers and dictionaries from the era of the amendment's adoption, led to the conclusion that the Privacy Clause was not intended to cover abortion.
This ruling is a significant shift from the previous interpretation of the Florida Constitution, which provided strong protection for abortion rights. The 1989 precedent, which was overruled in this recent decision, went beyond the protections afforded by the US Supreme Court's Roe v. Wade ruling in 1973. Abortion advocates have expressed disappointment with the ruling, as it severely restricts abortion access in the state.
Looking ahead, there is a separate opinion from the Florida court that approved language for a November ballot referendum, which would protect abortion access through fetal viability. This referendum could provide a pathway to restore abortion rights in Florida, even as the state moves forward with implementing its abortion ban.
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Frequently asked questions
No, the Florida Constitution does not protect abortion. The state supreme court has ruled that the Florida Constitution's right to privacy does not protect the procedure.
The Florida Constitution's Privacy Clause previously protected the right to abortion. However, in 2024, the state supreme court overruled this precedent, allowing a ban on abortions after 15 weeks.
Yes, in 2024, the Florida court approved language for a November ballot referendum that would protect abortion access through fetal viability.
