ST. PETERSBURG, Fla. — The Florida Supreme Court delivered a decision on Monday that changed the future of abortion access throughout the state.
But, the complex ruling left some Floridians confused as to where abortion access stands now, and what we can expect on Election Day in November. Don't worry — we broke it down for you in chronological order.
Florida abortion rights amendment (Amendment 4) explained
Florida's 15-week abortion ban
In April 2022, Gov. Ron DeSantis signed a controversial bill banning abortions after 15 weeks, with few exceptions. This was a significant change from previous Florida law which allowed abortions up to 24 weeks of pregnancy.
Under the 15-week ban, exceptions are only allowed if the woman's life is considered to be in danger or if the fetus is considered to have a "fatal fetal abnormality."
For context, the U.S. Supreme Court overturned Roe v. Wade just a few months later in June 2022.
The law was immediately met with challenges, including a lawsuit from Planned Parenthood of Southwest & Central Florida and other abortion providers. In January 2023, the Florida Supreme Court agreed to hear that challenge but left the 15-week ban in place while they made their final decision.
Florida's 6-week abortion ban
In April 2023, Florida lawmakers and Gov. Ron DeSantis took it a step further with a law banning abortions after 6 weeks of pregnancy — with exceptions only in cases of rape, incest or human trafficking up to 15 weeks of pregnancy.
But this 6-week ban was hanging in limbo for a while.
It couldn't take effect while the 15-week ban was still being challenged in court. The 6-week ban had to wait until the Florida Supreme Court made its decision — a decision that finally came on April 1, 2024.
The Florida Supreme Court's latest decision
On April 1, 2024, the Florida Supreme Court upheld the state's 15-week abortion ban, ruling that the law does not violate the state constitution or a privacy clause.
This decision cleared the way for the 6-week ban to take effect in 30 days.
So as of right now, abortions are banned in Florida after 15 weeks of pregnancy. But starting on May 1, 2024, abortions will be banned in Florida after 6 weeks of pregnancy — before many women even know they're pregnant.
But, what about abortion on the ballot?
The Florida Supreme Court's ruling on April 1 did two big things: uphold the 15-week abortion ban and put abortion rights on the ballot for Floridians to vote on in November 2024.
Voting "yes" on Amendment 4 would stop Florida from banning abortions before viability — when the fetus is viable outside the womb. This is usually around 24 weeks of pregnancy.
If voters pass this amendment in November, the right to an abortion will be set in stone in the Florida constitution.
To pass Florida's abortion rights amendment (Amendment 4), 60% of voters need to vote “yes" in the November 2024 election.