Florida Bans Abortion After 15 Weeks of Pregnancy
Florida is the first of many states expected to pass abortion bans this year in anticipation of the Supreme Court overturning Roe v. Wade
03.03.22 (PRESS RELEASE)—Today, Florida’s state senate passed HB 5, an extreme law that bans abortion after 15 weeks of pregnancy, with no exceptions for rape or incest. The bill will now be sent to Governor Ron DeSantis, who has said he will sign the bill into law. The ban is set take effect on July 1, 2022, which will likely be just days after the U.S. Supreme Court decides whether to uphold a nearly identical ban in Mississippi in the case Dobbs v. Jackson Women’s Health Organization—a direct challenge to Roe v. Wade.
Banning abortion at 15 weeks is unconstitutional and a blatant violation of the landmark decision Roe v. Wade, which held that pregnant people have the right to end a pregnancy before viability (around 23 weeks of pregnancy). Fifteen weeks is two months before viability. Every year in the U.S., between 54,000 and 63,000 people get abortions after 15 weeks of pregnancy.
At least twenty other state legislatures have introduced abortion bans this year, and many are expected to pass. In addition to Florida, 15-week bans are moving quickly in West Virginia and Arizona, where they have already passed one legislative chamber. Other states are voting on even earlier bans, including total bans. Anti-abortion lawmakers are hoping these bans will take effect if the Supreme Court overturns Roe later this term and allows states to ban abortion.
“If this ban is allowed to take effect, Floridians will be forced to travel more than 1,000 miles roundtrip to get an abortion after 15 weeks,” said Elisabeth Smith, Director of State Policy & Advocacy at the Center for Reproductive Rights. “The basic human rights of people in Florida and across the country are under attack. The stakes in the Supreme Court right now could not be higher. Americans of reproductive age today have never known a world in which they do not have the right to abortion. Two generations have relied on this right to shape their lives and futures. To take that away would cause immense chaos, panic and suffering.”
“This ban will be detrimental for the health of pregnant people in Florida, said Dr. Daniel Sacks, MD and Fellow of the American Congress of Obstetricians and Gynecologists. “As a doctor, I can tell you first hand that abortion is essential. I have no doubt that maternal mortality rates in Florida will rise because of this ban. All major medical associations object to abortion bans as dangerous for women’s health.”
“This ban will have an especially outsized impact on young people and those living on a low income,” said Kelly Flynn, CEO of A Woman’s Choice, which operates abortion clinics across Florida. “Pregnant people will need abortion care at 13, 15, even 20 weeks. Florida law already prevents young people from getting abortions early in pregnancy by requiring parental consent. If they cannot get consent, they must go to court and seek judicial bypass. That can take a very long time. We know that 75% of abortion patients are living on a low income, and they need time to save up the funds for an abortion. We also know that most fetal conditions aren’t diagnosed until later in pregnancy. We have now lost the ability to ensure safe, responsible care for our patients in Florida and the surrounding states because of this harmful ban. There are so many reasons that people need abortions later in pregnancy, and to ignore that is not only inhumane but, allowing politicians to make these decisions is irresponsible and a huge step backwards in providing safe abortion care.”
Last year, states passed more restrictions and bans on abortion than any year in half a century. States including Mississippi, Arkansas, Oklahoma, and Texas all passed near complete bans on abortion, including so-called “trigger laws” intended to take effect immediately if Roe falls.
Florida has consistently restricted access to abortion. The state has previously passed: a law that forces patients to wait 24 hours after visiting a clinic before they can get an abortion; a law that forces patients to undergo an ultrasound before an abortion procedure; and a law that requires minors to secure parental consent.
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