Vote No on 4 Florida has a disinformation ad regarding Amendment 4, attacking it for not having definitions. It asserts that it would allow for late-term abortion that anyone could perform.
I went to PolitiFact to find their take on the so-called “vagueness.” PolitiFact ruled the ad “Mostly False.”
- Five of Florida’s six ballot measures, including four from the Florida Legislature, do not include definitions.
- Terms such as “viability,” “patient’s health,” and “healthcare provider” may need clarifying as the state codifies the constitutional amendment. Some legal experts say this could lead to broad interpretations, while others say these are well-defined words in the law.
“There is a legitimate argument that greater precision would be better,” said Ilya Somin, a George Mason University law professor. “But the lack of listed definitions is not a reason to think Amendment 4 is infinitely flexible or has no limits to the scope of rights it creates.”
- The ad makes it appear that the amendment’s wording would mean “almost anything.” But many of these terms will have a starting point in definitions already existing in Florida law, and courts will ultimately decide any definition’s parameters.
How Does the Current Six-Week Ban Work?
From the ACLU of Florida:
I’ve heard it called a “6-week abortion ban,” does that mean that I can access an abortion up to six weeks after learning I’m pregnant? No. This ban outlaws abortion before many people even realize they are pregnant, and often before a pregnancy can be detected on an ultrasound.
Can I access an abortion up to six weeks after I was impregnated (conception)? No. This ban starts the clock on the first day of your last menstrual period, not from conception. Under Florida law, you are considered “6 weeks pregnant” about two weeks after you have missed your period if your periods are regular. Since a limited number of doctors will provide abortions in Florida, it may be difficult for most people to obtain the two state-mandated in-person doctor appointments, which must be at least 24 hours apart, in order to have an abortion.
Does Florida’s abortion ban have exceptions for victims of rape, incest, and human trafficking to get an abortion? Florida’s abortion ban makes it difficult for survivors of rape, incest and human trafficking to access an abortion in Florida. Under the ban, survivors of rape, incest, and human trafficking are required to provide documentation of their assault, and if they don’t, they will be required to carry and give birth. There are no exceptions for rape, incest or human trafficking after the fifteenth week of pregnancy.
Are there exceptions in the law to protect the health of a pregnant patient? According to medical professionals, these inaccessible exceptions endanger patients’ health, safety, and future fertility. Already, there have been several instances of pregnant women in emergency situations being required to wait for medical care or to carry nonviable pregnancies to term.
Does Florida law criminalize abortion or just prohibit it? Florida’s ban makes it a felony crime for doctors to perform an abortion, with criminal penalties of up to five years in prison and fines of up to $5,000 for violating this ban.
We covered Amendment 4 in Inweekly – “Reproductive Rights on the Ballot.”