Not sure how to vote on Florida's Amendment 4? We break the abortion measure down

Despite only being one sentence long, Florida’s Amendment 4 ballot initiative that would enshrine abortion rights in the state’s constitution is surrounded by political theatrics.

The ballot summary, at 49 words, is longer than the amendment’s full text.

Last week, the 39-word amendment sparked a last-minute attempt to question the legitimacy of the measure’s original petition, after a lawsuit was filed claiming “widespread voter fraud.”

The complaint, filed by anti-abortion opponents in multiple jurisdictions, was spurred by a report from Florida Gov. Ron DeSantis’ administration and seeks to nullify Amendment 4 and remove it from the ballot.

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More than 1.3 million Floridians have already cast their ballots through vote-by-mail and in-person early voting.

The last-minute lawsuit is just the latest in a series of efforts made by the state to oppose Amendment 4.

DeSantis has been accused of using taxpayer funds to run ads that oppose Amendment 4, threatened to sue local TV stations for airing pro-Amendment 4 ads and sent law enforcement to the homes of people who signed petitions to put the measure on the ballot.

A voter’s decision to support or oppose Florida’s Amendment 4 is just as personal as the subject matter it pertains to, so here’s a look at what the measure proposes without the political flair.

Florida’s Amendment 4 explained

Florida’s Amendment 4 is all about enshrining abortion rights in the state’s constitution. In simple terms, it seeks to limit the government from interfering with a patient’s right to an abortion, leaving the choice up to the patient and their healthcare provider.

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Here’s the full text:

“Limiting government interference with abortion. — Except as provided in Article X, Section 22, 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.”

Key factors in Florida’s Amendment 4

There are a few key factors surrounding the measure:

  • Defining viability

  • Defining health

  • Defining healthcare provider

Opponents of Amendment 4 say the measure is too vague because it doesn’t clearly define when “viability” is. This is a fair critique of the amendment, but Florida Statutes Section 390.011 defines viability as the “stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures.”

Florida Statutes Section 381.026 defines “healthcare provider” as “a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a podiatric physician licensed under chapter 461, or an advanced practice registered nurse registered under s. 464.0123.”

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“Health” was the only term without a formal definition, but it has been used to define an “emergency medical condition.” Florida Statutes Section 641.19 defined it as:

“A medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain or other acute symptoms, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:

  1. Serious jeopardy to the health of a patient, including a pregnant woman or a fetus.

    1. That there is inadequate time to effect safe transfer to another hospital prior to delivery;

    2. That a transfer may pose a threat to the health and safety of the patient or fetus; or

    3. at there is evidence of the onset and persistence of uterine contractions or rupture of the

  2. Serious impairment to bodily functions.

  3. Serious dysfunction of any bodily organ or part.”

The Florida Supreme Court responded to these factors when the Florida Attorney General requested for an advisory opinion on the measure’s constitutional validity.

“We conclude that the proposed amendment complies with the single-subject requirement of article XI, section 3 of the Florida Constitution, and that the ballot title and summary comply with section 101.161(1), Florida Statutes. And there is no basis for concluding that the proposed amendment is facially invalid under the United States Constitution. Accordingly, we approve the proposed amendment for placement on the ballot.”

What does voting “yes” on Amendment 4 mean?

Voting yes on Florida Amendment 4 would make abortion legal until fetal viability, which is generally considered to be around 23-24 weeks. It would also allow abortions when necessary to protect a patient’s health, as determined by a health care provider.

What does voting “no” on Amendment 4 mean?

Voting no on Florida Amendment 4 would leave abortions illegal in Florida after 6 weeks unless two physicians are willing to state that the pregnant person would die without one.

This article originally appeared on Pensacola News Journal: Florida Amendment 4 explained: Diving deep into abortion measure