Understanding Florida's 15-Week Abortion Law After Miami-Dade Judge Denies Temporary Injunction

A Miami-Dade County judge denied a motion for a temporary injunction on Florida’s 15-week abortion ban on Friday.

Here's what you need to know about House Bill 5 (HB 5) and Friday's hearing.

What does HB 5 say? 

HB 5 is also known as the Reducing Fetal and Infant Mortality bill. It prohibits a physician from performing an abortion after the fetus has reached 15 weeks of gestational age.

The bill also redefines the term “gestation” to measure gestational age as the time period starting on the first day of the pregnant woman’s last menstrual period.

The law went into effect on July 1, 2022.

What happened at the hearing?

The hearing held Friday morning at the Miami-Dade County Courthouse was to rule over a motion that requested a temporary injunction on HB 5, Florida’s 15-week abortion ban. 

On Aug. 1, 2022, clergy members of five religions filed separate lawsuits claiming the ban violates their state and federal constitutional rights of freedom of religion and speech. The lawsuits have since been consolidated into one.

The plaintiffs include a rabbi and a minister from the Unitarian Universalist Congregation of Miami. Attorney Marci Hamilton, who represents the plaintiffs, argued House Bill 5 could expose clergy members to criminal prosecution if they participate in aiding and abetting an abortion, for example, by giving a woman a ride to an abortion clinic.  

However, Judge Michael Hanzman disagreed stating the statute, as its written, does not threaten criminal prosecution and that the plaintiffs’ argument is speculative. He ruled to deny the request for an injunction against HB 5 on Friday.

The members of the clergy were disappointed with the judge’s ruling claiming it did not address the potential liability clergy could face if they help a parishioner beyond simply providing religious counseling.

What happens next? 

The attorneys representing the plaintiffs plan to appeal the judge’s ruling.