Ensure abortion access in Florida

Barbara J. Pariente, Ellen Freidin and Jodi Wilkof
·3 min read
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One year ago, the United States Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health Organization.  The Dobbs decision overturned Roe v. Wade, the 1973 landmark case that found a federal constitutional right to abortion. One of the dire and immediate consequences of the Dobbs decision was that it gave politicians in every state free rein to control the most personal and intimate details of our lives. And in Tallahassee, those who are supposed to be representing us grabbed that power and ran with it.

Barbara J. Pariente
Barbara J. Pariente
Ellen Freidin
Ellen Freidin
Jodi Wilkof
Jodi Wilkof

For us Floridians, the effects of Dobbs over this last year have been devastating. Indeed, as recently as one year ago, abortions were legal in Florida until 24 weeks of pregnancy.  But on July 1 of last year, the 15-week abortion ban signed by the governor went into effect. This 15-week ban is currently the law in the state and is being challenged in the Florida Supreme Court.And then this past legislative session, Florida lawmakers limited abortion access even more, banning most abortions after just six weeks of pregnancy – before many women even know that they are pregnant.  (“Six-weeks pregnant” means six weeks after the first day of a woman’s last period – not six weeks since conception.)  The six-week ban is not yet in effect and is dependent upon how the Florida Supreme Court interprets Florida’s right to privacy in the 15-week case.  We cannot wait to see what those seven justices decide. The time to act is now.  Roe was based on an implicit right to privacy that the U.S. Supreme Court found in the federal Constitution. The Florida state Constitution, in contrast, contains an explicit right to privacy, and the Florida Supreme Court has ruled that this explicit right to privacy includes the right to abortion.If the Florida Supreme Court overrules this precedent and, in the 15-week case, finds that the explicit right to privacy in the Florida Constitution does not in fact include the right to abortion, then the six-week ban will be triggered automatically and will take effect 30 days later.And of course, once the six-week ban goes into effect, by the time most women realize they are pregnant, decide that they cannot continue the pregnancy and try to arrange to terminate it, the six weeks will be long past.Who knows? Maybe those politicians will ban birth control next!If this isn’t a wake-up call for Floridians, we don’t know what is.So what can we do?  What can all of us do? The best way for us to ensure abortion access in Florida is to add an amendment to the Florida Constitution expressly establishing that in Florida, politicians cannot make decisions that impact our bodies and our families.Last month, a group was formed to do just that.  Called Floridians Protecting Freedom, the group is proposing a constitutional amendment to protect abortion up to the point of viability, as determined by the patient’s health care provider. In order to get the proposed amendment on the 2024 ballot, we need to get about 900,000 registered Florida voters to sign petitions, just to be able to present the constitutional amendment question to the voters.  Just since the May launch, over 130,000 Floridians have already signed a petition. Once it gets on the 2024 ballot, the amendment needs to be passed by at least 60% of the voters.Please help us to get this constitutional amendment on the 2024 ballot. Go to floridiansprotectingfreedom.com to download and print a copy of the petition, then sign the petition and send it to:  Petition Collection, Post Office Box 4068, Sarasota, FL 34230.  And then get everyone you know to do the same!  You can also volunteer to help and/or or make a donation at that website. We need all of us to raise our voices.We must let those politicians know that we, not they, have the right to control our bodies and our families. Signing this petition is a great first step!Retired Justice Barbara J. Pariente served on the Florida Supreme Court from 1997 to 2019 and as its chief justice from 2004-2006. Ellen Freidin successfully led the statewide effort for the Fair Districts state constitutional amendment, which prohibits politicians from drawing maps to benefit themselves or their political party. Jodi Wilkof is president of the Rapid Benefits Group (RBG) Fund, a Tallahassee-based nonprofit providing financial and other assistance to persons facing barriers to accessing adequate health care, including reproductive health services.

This article originally appeared on Fort Myers News-Press: Ensure abortion access in Florida