Abortion rights will be on the Florida ballot in November.
The Florida Supreme Court has approved ballot language for a proposed constitutional amendment. The measure will appear as Amendment 4 on the ballot.
"Accordingly, we approve the proposed amendment for placement on the ballot," reads a notice published by the Court. "No rehearing will be permitted. It is so ordered."
Floridians Protecting Freedom, the group behind the citizen petition effort, in January surpassed the threshold for valid signatures to qualify the measure for the 2024 ballot.
As written, the amendment would prohibit any law limiting the ability to obtain an abortion before fetal viability — generally between 20 and 25 weeks into a term — or if an abortion is "necessary to protect the patient's health, as determined by the patient's health care provider."
That would effectively restore abortion rights to the same state they were before the U.S. Supreme Court overturned the landmark Roe v. Wade decision in 2022.
The issue now will be put in front of voters. In order for a constitutional amendment to pass, at least 60% of voters who weigh in on the question in November must vote "yes."
Attorney General Ashley Moody argued against allowing the measure on the ballot, saying the language set to appear on the ballot is misleading.
The following language will appear as the ballot summary: "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."
Moody argued the term "viability" could cover a wide period of time in a pregnancy and could mislead some voters.
Last year, the GOP-dominated Legislature approved a measure banning most abortions after six weeks of gestation. That limit is on hold, pending a Florida Supreme Court ruling over a ban after 15 weeks of pregnancy passed in Florida in 2022.
Of note, Democrats are also counting on the ballot measure boosting turnout in November.
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