Florida’s Amendment 4 poses incalculable risk to women
Proponents of Florida’s proposed abortion amendment are not being honest with voters. The true purpose of the amendment is to empower the abortion industry by enshrining unregulated abortion on demand into the state’s constitution, not to advance Floridians’ freedom to make personal healthcare decisions.The amendment’s language specifically proposes to foreclose laws and regulations that “prohibit, penalize, restrict, or delay” abortion access. The amendment’s drafters intentionally fail to define or qualify these terms.
But, as Justice Renatha Francis noted in the Florida Supreme Court’s decision approving the amendment for the November ballot, the intended effect is to “abrogate Florida’s current prohibitions, restrictions, and regulations on both pre- and post-viability abortions.”In advancing unregulated abortion on demand, amendment supporters failed to demonstrate any concern for women’s health and safety. Claiming to bar government “interference,” abortion advocates mean that state officials should be blocked from fulfilling their traditional, longstanding role of protecting public health.Among the existing Florida laws targeted by the amendment is a requirement that abortion facilities be licensed and meet medically appropriate health and safety standards. Notably, these requirements were enacted and are enforced in the face of a seemingly never-ending avalanche of substandard abortion care in Florida.In a detailed report, Americans United for Life found that at least 127 deficiency reports were issued between 2009 and 2019 to more than 45 abortion clinics by the Florida Agency for Health Care Administration.Each deficiency report contained multiple—and often repeated—health and safety violations. These violations included employing unqualified medical staff, violating patient privacy, using improper or poorly maintained equipment, failing to comply with facility standards, and failing to monitor patients’ vital signs following abortions.The amendment’s goal of widespread, unregulated access to abortion is sure to attract those seeking to ply their grisly trade without the threat of oversight or accountability. It is unthinkable that Florida would want to return to the days when notorious abortionists like James Pendergraft and Steven Brigham plagued the state. Pendergraft repeatedly lost his Florida medical license and was convicted of extortion and drug charges, while Brigham, who owned and operated abortion facilities in Florida, lost his medical license in multiple states for performing unsafe abortion procedures. Adoption of the abortion amendment is sure to attract more abortionists of their ilk.
Women will suffer under the proliferation of unregulated abortion in Florida if the amendment is adopted. As Justice Francis noted, the amendment seeks to eliminate “any meaningful, future participation by the Legislature,” which would be prohibited from enacting new laws to respond to growing evidence of abortion’s medical harms.Florida would also increasingly be seen as one of the nation’s premier “abortion destinations.” In 2022, abortions in Florida skyrocketed to a 14-year high of more than 82,000. Abortions performed on residents of other states surged by 38% compared to 2021. These dramatic numbers will only increase if the amendment is approved.Florida’s proposed abortion amendment is stunning in the danger it poses to women. Its disregard for maternal safety and its indifference to the well-documented substandard Florida abortion industry is inexcusable.
Denise Burke is senior counsel at Alliance Defending Freedom (@ADFLegal), where she serves as a legal expert on life-related legislation. Prior to joining ADF, Burke served as vice president of legal affairs for Americans United for Life.
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This article originally appeared on Tallahassee Democrat: Florida’s Amendment 4 poses incalculable risk to women
