TL/DR –
The Florida Supreme Court has approved the state’s six-week abortion ban, and upheld the current 15-week ban, making it one of the most restrictive states for abortion. However, the court also approved a proposed state constitutional amendment to protect the right to abortion, which will go for public voting as Amendment 4 in November. The court also approved a fall ballot measure on recreational marijuana, Amendment 3, which would authorize the use of recreational marijuana for adults aged 21 and older.
Florida’s Six-Week Abortion Ban Takes Effect, Constitution Amendment on Abortion Rights to Go on Ballot
The Florida Supreme Court has cleared the path for the six-week abortion ban to take effect, while allowing Floridians to decide on abortion protections in the state’s constitution this autumn.
This decision upholds Florida’s existing 15-week abortion ban and initiates a six-week abortion ban approved by state lawmakers last year. The law will take effect within 30 days. Simultaneously, the court endorsed a proposed state constitutional amendment protecting abortion rights in Florida, set to go on the ballot as Amendment 4 this November.
These rulings now place Florida amongst the most restrictive states for obtaining an abortion. This decision has set the stage for a presidential-year battle over reproductive rights in a state that has recently trended Republican.
As this measure is set to appear on the state’s ballot, Florida joins states like Michigan and Ohio, where voters have directly addressed reproductive rights since the US Supreme Court overturned Roe v. Wade. This move may stimulate voter turnout in a presumed close rematch between President Joe Biden and former President Donald Trump.
The coalition behind the ballot initiative, Floridians Protecting Freedom, gathered nearly a million signatures from registered voters to qualify for the Florida Supreme Court review. The court had to ascertain if the amendment’s language is clear and doesn’t confuse voters. Both legal requirements had to be met for the amendment to appear on the ballot.
The proposed amendment set to appear on the ballot states, “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.”
The Florida Supreme Court on Monday also approved language for a ballot measure on recreational marijuana. Amendment 3 would permit the use of recreational marijuana for adults 21 and older and allow people to possess up to three ounces of marijuana. This comes after Florida voters legalized medical marijuana through a constitutional amendment in 2016.
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