In Florida, U.S, reproductive freedom faces new attacks

ACLU photo

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Lauren Brenzel said she sat in on a Feb. 7 Supreme Court hearing where the justices were considering the constitutionality of a proposed amendment that would enshrine abortion rights in the Florida Constitution.

She told the Florida Phoenix she felt buoyed by the questions the justices asked, adding that she saw some examples of their views of abortion versus the unconstitutionality of this ballot issue.

“They said Floridians can read and also saw that the wording is constitutional,” said Brenzel, campaign director of Floridians Protecting Freedom. “This has been politicized but it’s not a political issue … I think the people of Florida know it’s constitutional and are eager to vote on it.”

“This is a wolf coming as a wolf,” Chief Justice Carlos Muñiz, one of five appointees by Republican Gov. Ron DeSantis to the seven-member court, said at one point during the oral arguments. “The people of Florida aren’t stupid. They can figure it out.”

Lauren Brenzel (with bullhorn) of Planned Parenthood speaks at the Florida Historic Capitol building following the U.S. Supreme Court ruling that overturned abortion protections under Roe v. Wade. June 24, 2022. Credit: Danielle J. Brown

Brenzel, her staff, and a host of allies and partners argue that they had to initiate the citizen-led ballot amendment initiative to counter the damage to women’s autonomy and reproductive rights because the 15-week and subsequent six-week bans, passed by the GOP legislative super-majority and signed by DeSantis, violate Floridians’ constitutional right to privacy and intrude unfairly into the personal decisions of Florida families.

(The justices are considering their constitutionality in a separate case.)

Just based on the whims of a vocal minority, Brenzel said, lives of women across the state are at risk whenever they are forced to carry a pregnancy to term.

The ripple effects harm doctors and other medical personnel who, as they attempt to adhere to the new rules, are forced to weigh their ethical and personal professional values against the possibility of criminal sanctions.

If the high court allows the amendment on the November ballot, 60% of voters would have to approve it. A ruling is expected by April 1.

Brenzel — who said she has worked and volunteered in reproductive justice and female health care spaces for more than 10 years — said attempts by politicians to police women’s health care in Florida has had devastating consequences for countless women and their families.

While working at a call center and with Planned Parenthood, Brenzel said, she witnessed anti-abortion protesters screaming obscenities and trying to bully those trying to avail themselves of the services offered, even women simply trying to get birth control pills. This is about shaming women, she said, and demanding politicians should control women’s bodies.

Deceptive bill

Meanwhile, Kara Gross, legislative director and senior policy counsel for the ACLU of Florida, echoed critics’ mounting concerns about bills HB 651 and SB 476, related to lawsuits and civil liability for the wrongful death of an unborn child.

Kara Gross, ACLU

“Let’s be clear: This bill is not about helping grieving families for pregnancy loss. This deceptive bill is about making it even harder for Floridians to access the abortion care they need, Gross said in a statement. “The intent is to intimidate health care providers and make them fearful of providing abortion care by threatening them with lawsuits. This will lead to health care providers denying necessary health care and will increase the likelihood of pregnancy complications not being timely addressed, for fear of being sued. This could have grave impacts on the overall health and safety of those patients needing care.”

Gross said the threat of having to defend against lawsuits and possibly paying monetary damages will likely result in fewer OB/GYNs willing to practice in Florida.

“Because these bills also encourage lawsuits against the friends, family, and support systems of pregnant Floridians, they will result in pregnant patients being more isolated and afraid to seek help from friends and family members for fear of exposing them to potential lawsuits,” she added.

“If the state really wanted to help pregnant Floridians who suffer the loss of a wanted pregnancy, they would be passing legislation providing free mental health counseling, guaranteed paid time off from work, and buyback programs for unused nursery items. This bill does none of these things.”

Women in almost half the nation are paying a monstrous price because of health care and abortion restrictions imposed by extremist Republican lawmakers.

Of the 22 states that have banned or severely restrict abortions, 15 offer no exceptions for rape or incest.  The New York Times put the number at 18 for abortion bans without exceptions for rape or incest.

But Republicans are swimming against the tide of American public opinion.

New and immediate danger

Members of the Alabama Supreme Court seated prior to the State of the State address by Gov. Kay Ivey on Tuesday, March 7, 2023 in Montgomery, Ala.  (Stew Milne for Alabama Reflector)

Even as reproductive rights activists fight these restrictions, a new and immediate danger emerged from Alabama, where last Friday that state’s Supreme Court ruled 7-1 that fetuses are children. With one fell swoop, the archconservatives on the court threw the future of fertility treatments in doubt and added additional layers of uncertainty and fear on an already fraught emotional situation.

The ruling — by people completely divorced from health and science — blindsided parents, clinics, and physicians and is yet another example of the government weighing on a personal issue it has no business coming close to. A number of parents have already expressed sadness, anger, and worry about what is safe and legal in Alabama. In an abundance of caution, some doctors have paused patient treatments and officials of the University of Alabama, Birmingham have done the same.

There is concern about the criminalization of in vitro fertilization and about what all this means, who will be affected, and who will be held liable.

The attacks on reproductive freedom in Florida and Alabama are a consequence of the far-right majority of the U.S. Supreme Court overturning Roe v. Wade in 2022. Justice Clarence Thomas signaled where he and his colleagues plan to go when he wrote a concurring opinion foreshadowing his intention to revisit precedents that guarantee the right to contraception, consensual same-sex relations, and same-sex marriage.

That assault shows no signs of slowing down as conservative elements in the courts — empowered by Donald Trump and money from The Heritage Foundation and its acolytes — tear down the wall between church and state and prepare to impose their theocratic, nativist, racist, misogynistic beliefs on the rest of the country.

Far-right conservatives, evangelicals, MAGA supporters, and others are open about ushering in a Christian nationalist-centered government if Donald Trump secures a second term.

We have front row seats to what a post-Roe America looks like.

For those of us who despise and are repulsed by such a future, what are we going to do about it?

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