Official Breakthrough: Abortion Rights Groups Reach Petition Milestone in Florida

Abortion rights groups reach petition in Florida by collecting enough signatures to put a constitutional amendment on the 2024 ballot. 

As determined by the patient’s healthcare provider, an abortion would be permitted before viability or to protect the patient’s health. It would also override the state’s current 15-week and 6-week abortion bans, which are facing legal challenges.

Signature Collection

Led by Floridians Protecting Freedom, abortion rights groups reach petition with more than 1 million petition signatures. This has surpassed the required 891,523 verified signatures. The Florida Division of Elections website confirmed that 910,946 signatures had been verified as of Friday.

The campaign said it had achieved this goal in just eight months, demonstrating the strong public support for abortion access in the state. It also said it had received signatures from voters across the political spectrum, including 15% Republicans and 25% independents.

“The fact that we only launched our campaign eight months ago and we’ve already reached our petition goal speaks to the unprecedented support and momentum there is to get politicians out of our private lives and health care decisions.” Campaign director Lauren Brenzel said in a statement.

“Most initiative campaigns never make it this far. The ones that do usually spend far more or take much longer to qualify, which is why we’re so confident that voters will approve our amendment once they’re given a chance to vote.”

Supreme Court Review

That abortion rights groups reach petition still faces a major obstacle before the amendment can appear on the ballot: the approval of the Florida Supreme Court, which has a conservative majority appointed by Republican Gov. Ron DeSantis. On February 7, the court is set to hear oral arguments over the proposed amendment’s phrasing, which Florida Attorney General Ashley Moody has contested.

Moody, a Republican, filed a brief in October to reject the amendment, as it is vague and misleading. She claimed that the terms “health,” “viability,” and “healthcare provider” are not clearly defined and could confuse voters. The proposal, she added, would do away with the legislature’s power to mandate parental notification prior to a minor having an abortion.

Nevertheless, the campaign’s attorney, Hélène Barthélemy, called Moody’s arguments phony and insisted that the amendment’s wording is both unambiguous and compliant with Florida law. 

She said that viability is the stage of fetal development when the life of a fetus is sustainable outside the womb. Also, health and healthcare providers are common terms that voters understand. 

She also mentioned the amendment does not change the legislature’s constitutional authority to require parental notification. But, the law clarifies that abortion cannot be prohibited, penalized, delayed, or restricted prior to viability or when it is necessary to protect the patient’s health.

“The truth is voters know what viability means, and they will see right through this effort to silence their voice.” Barthélemy stated.

Abortion Bans

If the court approves the amendment and at least 60% of voters affirm it on the Nov. 5 general election ballot, the amendment would invalidate Florida’s existing abortion bans. Heavily pregnant women cannot legally get an abortion in Florida for the sole reason that they are heavily pregnant. However, they may get past 15 weeks so long as there is a serious risk involved.

In 2023, DeSantis signed a law banning abortions after six weeks of pregnancy when evidence of a fetal heartbeat is present. This included pregnancies resulting from rape or incest. However, the six-week ban is yet to be in place due to a suit filed by abortion providers and supporters in state court. The case is still pending in the Florida Supreme Court.

Florida Governor Ron DeSantis, who is running for the 2024 GOP presidential nomination, is popular for his anti-abortion rights stance. He said he wanted to make Florida “a sanctuary state for the unborn.” Former President Donald Trump has made reference to his idea. He is now leading DeSantis in the polls and has called the six-week ban “a terrible thing and a terrible mistake.”

Governor’s spokesman did not reply to requests for comment on the ballot initiative.

National Context On Abortion Rights

2022 was the year when the U.S. Supreme Court overturned its previous decision to support the right to abortion in 1973 with the ruling in Roe v. Wade. And since then, various campaigns aimed to protect abortion rights have popped up across the United States, including Florida. 

With the ruling in Dobbs v. Jackson Women’s Health Organization, states were allowed to ban or restrict abortion which could occur at any stage of pregnancy. This means that there was no longer federal protection for abortion access.

Seven states have since voted on ballot measures related to abortion. And, in every instance, voters have supported more abortion access or rejected additional limitations. Similarly, Florida’s proposed amendment would secure abortion up to viability, with 57% of voters in November in Ohio.

So far, the campaign in Florida has also received backing from Planned Parenthood and the ACLU. Moreover, the campaign has managed to raise almost $16 million so far. The greatest amount of $ 1 million came in late April from Marsh Laufer – a Democratic activist and philanthropist.

Florida is considered the key state for abortion access, as it surrounds states where abortion is restricted. It stated that Florida could become a blueprint to be followed by other states.

Florida Democratic Party Chair Nikki Fried made a statement on the ballot initiative. And, he said that this movement will lead to more people voting and Democrats becoming victorious in 2024.

“We know what will happen if reproductive rights make it onto the ballot in 2024 — just like in every other state since Dobbs, Florida voters will choose to keep the government out of their healthcare decisions,” Fried said. “Florida is the next battleground in a wave of post-Dobbs movements to protect our freedoms, and the Florida Democratic Party stands ready to help get this movement across the finish line in November.”