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6-week abortion ban now in effect in Florida

The new law was kept on hold while the state's previously passed 15-week abortion ban was debated in court.

ST. PETERSBURG, Fla. — On May 1, 2024, Florida will enact one of the United States' most restrictive abortion bans, outlawing the procedure after six weeks with few exceptions.

This comes just over a year since the legislation was signed into law by Gov. Ron DeSantis. The new law was kept on hold while Florida Supreme Court justices heard arguments over the state's previously passed 15-week abortion ban.

The court upheld the 15-week abortion ban on April 1, 2024, triggering the more restrictive six-week ban to take effect 30 days after the decision. 

In November, Floridians will have an amendment on their November ballot that would change the state's constitution, providing access to abortion. 

If that's confusing, don't worry. We broke down everything you need to know ahead of May 1 below. 

Florida's 6-week abortion ban

Before discussing the six-week abortion ban, we need to go back to April 2022. That's when 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.

Just a few months later, the U.S. Supreme Court overturned Roe v. Wade in June 2022, which would allow states to enforce previously passed abortion bans. 

However, the 15-week abortion ban was immediately met with lawsuits. While being challenged in court, the Florida Supreme Court left the ban in place while justices made their final decision.

Fast-forward to April 2023 when Florida lawmakers and DeSantis took the 15-week abortion ban a step further with a law banning abortions after six weeks of pregnancy — with exceptions only in cases of rape, incest or human trafficking up to 15 weeks of pregnancy.

However, until the Supreme Court decided, the new, more restrictive law couldn't take effect. 

That all changed on April 1 when justices upheld the 15-week abortion ban, ruling that the law does not violate the state constitution or a privacy clause.

This means on May 1, 2024, abortions after six weeks of pregnancy will be outlawed, save for the exceptions listed above.

What about abortion on the November 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.

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