Florida to decide on abortion protections, could end 6-week ban in Amendment 4

On Nov. 5, Florida residents won’t just be voting for president. They will also be deciding on six different amendments. 

Among them is Amendment 4, which would make abortion under certain circumstances a state constitutional right. 

Here, we break down Amendment 4, its impacts and what Florida currently allows. 

What is it?

Amendment 4 will ask voters whether or not Florida should protect the right to an abortion.

The summary you will see on the ballot reads: “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.”

A “yes” vote supports adding the language to the Florida Constitution’s Declaration of Rights. A “no” vote opposes adding that amendment. 

“Viability” means “the capability of a fetus to survive outside the uterus,” according to the Merriam-Webster dictionary. The patient’s healthcare provider would determine whether the fetus is viable, though it is generally around the 24-week mark, according to the United Kingdom’s National Health Service. 

It would end the six-week ban on abortion currently in place.

Where do things stand now?

Florida has banned abortions after the first six weeks of pregnancy, before many women know they're pregnant. There are some exceptions, including in the case that the woman’s life is in danger, or that she provides evidence that the pregnancy is the result of rape, incest or human trafficking. 

Fourteen states have banned abortion in most or all circumstances, according to the New York Times. Abortion is legal in 28 states and Washington, D.C., mostly until viability.  

The U.S. Supreme Court overturned Roe v. Wade, which offered federal abortion protections, in June 2022, meaning access to the procedure now varies from state to state.

The White House, however, says hospitals must offer abortions when needed to save a woman's health, despite state bans. Texas is challenging that guidance and, earlier this summer, the Supreme Court declined to resolve the issue.

How many votes are needed for Amendment 4 to pass?

At least 60 percent of voters must vote yes for Amendment 4 to pass.

Current impact

There is some evidence to suggest that abortion bans complicate pregnancy care, as physicians worry about violating bans and subsequent criminal charges. An Associated Press analysis of federal hospital investigations found that more than 100 pregnant women in medical distress who sought help from emergency rooms were turned away or negligently treated since 2022.

Two women – one in Florida and one in Texas – were left to miscarry in public restrooms. In Arkansas, a woman went into septic shock and her fetus died after an emergency room sent her home. At least four other women with ectopic pregnancies had trouble getting any treatment, including one California woman who needed a blood transfusion after she sat for nine hours in an emergency waiting room.