FORT LAUDERDALE, FLA. (WSVN) - Early voting in South Florida is underway and voters have several measures to consider, one of the most talked about measures being Amendment Four, which will determine abortion rights in the state.
Right now, Florida has one of the strictest anti-abortion laws in the country, but all that could change thanks to the amendment up for decision.
Amendment Four has stirred up a lot of conservation in the state and well-produced advertisements dominating Florida airways has made claims about what the amendment will do and what it won’t.
Let’s look at where Florida stands right now.
Abortions here are prohibited after six weeks.
There are exceptions for rape, incest and human trafficking, with documentation up until 15 weeks. Other exceptions include the life of the mother and a fatal fetal abnormality.
“Its unconscionable for a government to enact a law before women know they’re pregnant,” said Dr. Chelsea Daniels with Planned Parenthood.
“I would hope and I would pray that we’re not going to support a culture of murder,” said Esteban Bovo, Hialeah Mayor.
Let’s take a look at the proposed abortion rights amendment to the Florida constitution.
It begins:
“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.”
Women’s health is not a political talking point. Its about our lives,” said Natasha sutherland.
“Last year, in Florida there were 80,000 abortions in Florida. I would say those are 80 thousand reasons why we should oppose amendment four,” said Archbishop Thomas Wenski, with the Archdiocese of Miami.
Passage of the amendment would wipe out the six week ban. The amendments state that it would allow for abortions up until “viability.”
“Viability” is defined by state law as a stage of fetal development when the life of the fetus is sustainable outside the womb through standard medical measures.
But Nova Southeastern University Law Professor Robert Jarvis says the amendment is vague, so will that existing definition on the books still be the rule? The courts will likely have to decide.
“I’m sure people are already drafting lawsuits,” said professor Jarvis.
Thomas Wenski had another claim on the measure.
“It would expose women to greater harm because even the type of medical supervision needed in an abortion mill would be reduced,” he said.
The amendment says the patient’s health status would be determined by her “healthcare provider.”
Current state law does require that abortions are performed ” only by a licensed physician.'”
Let’s look at the next section:
“The amendment does not change the legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”
Both notification and consent are part of Florida law and that might be harder to challenge.
“When it comes to healthcare, courts are very reluctant to place minors on the same level as adults,” said professor Jarvis.
A seemingly simple amendment, with potentially huge implications.
“A lot of people go into the voting booth and it’s the first time they’ve thought of these issues. That’s a mistake, you have to really do your homework,” said professor Jarvis.
Professor Jarvis, as well as activists on both sides, also make the point that a vote for or against also sends a signal to politicians: do voters want a prolife or prochoice state.
The amendment has to pass with at least 60% of the vote.
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