2024 Florida Amendment 4

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2024 Florida Amendment 4
2024
Amendment to Limit Government Interference with Abortion
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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]

Yes
Statewide officials
U.S. Representatives
State Senators
  • Lori Berman, state senator from the 31st district (2018–present) (Democrat)[19]
  • Lauren Book, Minority Leader of the Florida Senate (2021–present) and state senator from the 35th district (2020–present) (Democrat)[20]
  • Shevrin Jones, state senator from the 34th district (2020–present) (Democrat)[3]
State Representatives
  • Lindsay Cross, state representative from the 60th district (2022–present) (Democrat)[21]
  • Fentrice Driskell, Minority Leader of the Florida House of Representatives (2022–present) from the 67th district (2018–present) (Democrat)[22]
  • Ashley Gantt, state representative from the 109th district (2022–present) (Democrat)[23]
  • Rita Harris, state representative from the 44th district (2022–present) (Democrat)[24]
  • Dianne Hart state representative from the 61st district (2018–present) (Democrat)[25]
  • Christine Hunschofsky state representative from the 95th district (2020–present) (Democrat)[26]
  • Tom Keen state representative from the 35th district (2024–present) (Democrat)[27]
  • Susan Valdes state representative from the 64th district (2022–present) (Democrat)[28]
Labor unions
Organizations
No
Statewide officials
U.S. Senators
Individuals
Organizations

Florida Governor Ron DeSantis in April 2024 criticized Florida Amendment 4 as "radical" and "very, very extreme".[42] 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 presumptive 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.[43]

Polling[edit]

Poll source Date(s)
administered 		Sample
size[d] 		Margin
of error 		For[e] Against Undecided
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]

  1. ^ Numbered as the 11th from 2007–2013
  2. ^ Numbered as the 20th from 2005–2013 and the 23rd from 2013–2023
  3. ^ Numbered as the 17th from 2011–2013
  4. ^ Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear
  5. ^ 60% approval is required for a Florida constitutional amendment
Partisan clients
  1. ^ Poll sponsored by the Florida Chamber of Commerce

References[edit]

  1. ^ Lizza, Ryan (April 6, 2024). "Abortion Might Be a Winning Issue — Even in Florida". Politico Magazine. Retrieved April 13, 2024.
  2. ^ "Florida Amendment 4, Right to Abortion Initiative (2024)". Ballotpedia. Retrieved 6 April 2024.
  3. ^ 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.
  4. ^ "Amendment to Limit Government Interference with Abortion". Florida Division of Elections. Retrieved 13 April 2024.
  5. ^ "Florida's Republican attorney general will oppose putting abortion rights amendment on 2024 ballot". Associated Press. October 11, 2023. Retrieved April 13, 2024.
  6. ^ "Florida Attorney General Ashley Moody to fight abortion amendment". CBS Miami. October 9, 2023. Retrieved April 13, 2024.
  7. ^ 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.
  8. ^ 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.
  9. ^ 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.
  10. ^ 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.
  11. ^ @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.
  12. ^ @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.
  13. ^ @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.
  14. ^ @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.
  15. ^ @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.
  16. ^ @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.
  17. ^ @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' right to choose!" (Tweet) – via Twitter.
  18. ^ @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.
  19. ^ @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.
  20. ^ @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.
  21. ^ @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.
  22. ^ @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.
  23. ^ @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.
  24. ^ @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.
  25. ^ @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.
  26. ^ @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.
  27. ^ @KeenForFL (April 14, 2024). "An amazing day with @Men_4_Choice in Orlando. #YesOn4 to protect your right to choose" (Tweet) – via Twitter.
  28. ^ @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.
  29. ^ "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.
  30. ^ @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.
  31. ^ @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.
  32. ^ @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.
  33. ^ @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.
  34. ^ "Gov. DeSantis calls abortion, marijuana ballot amendments too "radical" to pass". CBS Miami. April 5, 2024. Retrieved April 13, 2024.
  35. ^ 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.
  36. ^ Christopher Heath (16 April 2024). "Florida Abortion amendment gets a 'no' from Sen. Rubio". WFTV9. Retrieved 19 April 2024.
  37. ^ @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.
  38. ^ @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.
  39. ^ @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.
  40. ^ @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.
  41. ^ @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.
  42. ^ "Gov. DeSantis calls abortion, marijuana ballot amendments too "radical" to pass". CBS Miami. April 5, 2024. Retrieved April 13, 2024.
  43. ^ 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]

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