MIAMI.- The controversy over the right to abortion in Florida could reach the polls in the next elections, and in that context the Cut The state Supreme Court will hear this Wednesday the arguments of the groups that promote a constitutional amendment to protect access to abortion in the state, and those who oppose it because they consider it “misleading” and “confusing.”
The amendment, called “Right to Privacy,” seeks to ensure that abortion is legal in Florida before the fetus is “viable”, that is, capable of surviving outside the mother’s womb. According to medical experts, this occurs around 23 to 24 weeks of gestation.
The amendment would also allow abortion after viability if necessary to protect the patient’s health, as determined by the patient’s health care provider.
Clash of criteria in amendment on abortion
Sponsors of the amendment, who have collected more than 900,000 signatures in support of it, argue that it is a necessary measure to preserve the right to abortion in Florida.
However, the state of Florida, led by Governor Ron DeSantis, opposes the amendment and has asked the Florida Supreme Court to reject it.
Florida Attorney General Ashley Moody questions the use of the word “viability” in the amendmentand claims that it is an “ambiguous” term that could mislead voters.
Moody also maintains that the amendment does not clearly explain how viability would be determined, nor what types of abortions would be allowed afterward.
The Florida Supreme Court does not have to rule on the merits of the amendment, but only on whether the language that would be used on the ballot is clear and precise.
If the court approves the amendment, it It would have to be voted on by 60% of the voters in November to be incorporated into the Florida state constitution. If the court rejects it, the amendment cannot be put to a vote.
Controversy
The abortion reform in Florida occurs in a context of increasing restrictions on the right to abortion in several states across the country.
In April, DeSantis signed a law banning most abortions after 15 weeks of pregnancywith some exceptions.
The legislation is being challenged in court and if the state Supreme Court deems it constitutional, then another six-week restriction approved in 2023 would be triggered.
