MIAMI.- A political committee leading efforts to pass a constitutional amendment in Florida on abortion rights raised $293,008 between June 22 and 28, marking an increase in funds for the campaign that will face an intense electoral battle in November.
The Floridians Protecting Freedom committee has raised about $39 million since its formation in spring 2023, and has spent approximately $22 million, according to official figures.
The majority of these funds have gone toward collecting and verifying petition signatures to place the proposed amendment on the November ballot.
Floridians Protecting Freedom launched this campaign in response to a law passed in 2023 by the Legislature and Governor Ron DeSantis banning abortion after six weeks of pregnancy.
The law followed a previous 15-week limit passed in 2022. On April 1, the state Supreme Court rejected a constitutional challenge to the 15-week limit, allowing the six-week restriction to take effect on May 1.
Amendment 4
Amendment 4 proposes to establish a constitutional right to abortion before fetal viability, generally considered to be between 23 and 24 weeks of gestation. For the amendment to pass, a 60% supermajority is required.
The summary of the vote states that no law may prohibit, penalize, delay or restrict abortion before viability or when necessary to protect the health of the patient, as determined by her health care provider.
Additionally, the amendment would not alter the Legislature’s authority to require notification to a parent or guardian before a minor undergoes an abortion.
The proposed text for Article I of the Florida Constitution is as follows:
“Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion prior to viability or when necessary to protect the health of the patient, as determined by the patient’s health care provider.”
Legal challenges
Florida Attorney General Ashley Moody has opposed the initiative since October 2023, asking the Florida Supreme Court to review the proposal.
In November 2023, Moody urged the Supreme Court to block the initiative, arguing that the definition of “viability” was ambiguous and that the amendment could be interpreted more broadly in the future.
However, in April 2024, the Florida Supreme Court approved Amendment 4 for inclusion on the ballot, determining that it met the established requirements.
Despite Moody’s arguments about misleading language, the Court ruled that “the ballot summary cannot be said to mislead voters regarding the actual text of the proposed amendment.”
The Court further noted that “the general scope of this amendment is obvious from the language of the summary” and that “there is no basis for concluding that the proposed amendment is facially invalid under the United States Constitution.”
With the Supreme Court’s approval, Florida voters will decide in November 2024 whether Amendment 4 will become part of the state Constitution, thereby guaranteeing the right to abortion before fetal viability.
