Florida Supreme Court Allows State to Ban Abortion—But Clears the Way for a Vote on Abortion Rights
Court rules that Florida’s right to privacy no longer protects abortion rights, allowing the state's 15-week ban to remain in effect—and clearing the way for its six-week ban.
In two decisions issued yesterday, the Florida Supreme Court allowed the state’s 15-week abortion ban to remain in effect—but cleared the way for voters to weigh in on an abortion rights measure in November.
In the abortion ban decision, the Court overturned decades of precedent and ruled that the Florida constitution’s explicit right to privacy no longer protects abortion rights.
In a separate decision, the Court allowed a state constitutional amendment to appear on the November ballot that would enshrine abortion rights into Florida’s constitution.
By upholding the 15-week abortion ban, the Court also cleared the way for Florida’s six-week ban to take effect. While not part of the 15-week case, the six-week ban is set to take effect 30 days from the Court’s decision.
“The Florida Supreme Court issued two rulings today—one terribly wrong and one exactly right,” said Nancy Northup, President and CEO of the Center for Reproductive Rights. “They’ve dismantled Floridians’ long-standing right to abortion under the state constitution. Thankfully, Florida voters will have the chance to get that right back this November.”
After Roe Fell: Abortion Laws by State
In half the U.S. states, abortion is now banned or severely restricted.
Voters Have Shown Strong Support for Abortion Rights
The citizen-led Florida measure, Amendment 4, titled the “Amendment to Limit Government Interference with Abortion,” seeks to protect Floridians’ right to access abortion care. The amendment states: “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.”
With the Court’s ruling, Amendment 4 will appear on the ballot November 5, 2024.
Since the U.S. Supreme Court eliminated the constitutional right to abortion in 2022, abortion-related initiatives have been on the ballot in seven states—and in all seven states, voters sided in favor of abortion rights.
Voters in four states—Ohio, Michigan, California and Vermont—approved proactive constitutional amendments enshrining reproductive freedom in their state constitutions. Anti-abortion ballot initiatives failed in Kansas, Kentucky, and Montana.
Florida Supreme Court Had Repeatedly Recognized That the State Constitution Protects Abortion
In June 2022, the Center for Reproductive Rights and its partners filed a case challenging Florida’s 15-week ban on behalf of abortion providers in the state. Under the challenged Florida law, HB 5, doctors who provide abortion care in violation of the law are subject to felony criminal penalties and disciplinary action, including loss of licensure. The 15-week ban took effect on July 1, 2023.
The lawsuit argued that the abortion ban violated Florida’s constitution, which contains an explicit privacy clause protecting individuals’ right to privacy, including abortion.
The Florida Supreme Court had long recognized that the right of privacy in the state constitution protects abortion. The Court has treated abortion like other privacy rights—including medical decision-making and non-disclosure of personal information—meaning that laws implicating the privacy right receive the most searching judicial scrutiny. Many of the protections resulted from decades of litigation in Florida state court by the Center and partner organizations.
In its ruling yesterday, the Court reversed decades of precedent when it held that the right to privacy does not protect abortion care. The ruling upheld an appellate court’s decision reversing temporary relief from the state’s 15-week abortion ban and, in so doing, set the stage for the state’s six-week ban to take effect 30 days from the Court’s decision.
Read the rulings here.
Florida Supreme Court decision on the state’s 15-week abortion ban, 04.01.24
Florida Supreme Court decision on Amendment 4, 04.01.24
Before the Court’s decision, the Center’s “After Roe Fell: Abortion Laws by State” tool categorized Florida as a state where abortion rights were “protected.” The state has now moved to the “hostile” category, becoming part of the huge swath of the nation where abortion is severely restricted or totally banned.
On November 5, Florida citizens will have the power to change that.
“Across the country, voters are making it clear that abortion is a fundamental right. Now, Floridians will have the chance to do the same.”
Nancy Northup, Center President and CEO
