{"id":301794,"date":"2023-11-17T12:44:39","date_gmt":"2023-11-17T18:44:39","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=301794"},"modified":"2023-11-17T10:27:38","modified_gmt":"2023-11-17T16:27:38","slug":"deceptive-abortion-initiative-violates-florida-law","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/deceptive-abortion-initiative-violates-florida-law\/","title":{"rendered":"Deceptive abortion initiative violates Florida law, says pro-life legal group"},"content":{"rendered":"
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(Liberty Counsel<\/a>) Liberty Counsel has filed a reply brief\u00a0<\/a>on behalf of Florida Voters Against Extremism (FLVAE) urging the Florida Supreme Court to not approve the wording of a proposed amendment that would codify unrestricted abortion as a right in the state\u2019s Constitution. In the reply brief, Liberty Counsel argues that the initiative is misleading and deceptive and violates the single subject rule. In the brief, Liberty Counsel states the sponsor completely sidesteps these legal issues and fails to provide a meaningful rebuttal.<\/p>\n

The proposed amendment, \u201cAmendment to Limit Government Interference with Abortion,\u201d would create a new section in the Florida Constitution \u201climiting government interference with abortion.\u201d The full text of the accompanying ballot summary states: \u201cNo law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient\u2019s health, as determined by the patient\u2019s healthcare provider. This amendment does not change the Legislature\u2019s constitutional authority to require notification to a parent or guardian before a minor has an abortion.\u201d<\/p>\n

However, this initiative has serious deficiencies and falls short of the requirements under Florida law to be placed on the ballot for voters.<\/p>\n

The proposed amendment misleads voters and hides the true purpose behind the amendment and its effect, which is to enshrine a right of abortion in Florida for any reason, at any stage of the pregnancy. The effect of the proposed amendment would prevent the State of Florida from regulating all abortions that a vague and undefined \u201chealthcare provider\u201d may deem \u201cnecessary\u201d to protect the woman\u2019s \u201chealth.\u201d The amendment leaves the terms \u201cnecessary\u201d or \u201chealth\u201d purposefully undefined and vague, concealing that the true purpose is to confuse Florida voters and create an unrestricted right to abortion at all stages of pregnancy up to birth. For example, if adopted, the proposed amendment would authorize, as a matter of state law, activities that would constitute violations of the federal Partial-Birth Abortion Ban Act. This conflict alone with the federal law disqualifies the proposed amendment.<\/p>\n