Amendment Four failed but your voice still matters

A demonstrator holds a Yes on 4 sign outside the Coral Gables Public Library polling location on Nov. 5, 2024. - Photo Credit via Marra Finkelstein

In an unfortunate turn of events, Florida’s Amendment 4, a proposal to expand abortion rights, did not pass. This incredibly disappointing result can lead to great risks for women. 

A law passed by Florida’s Republican-controlled legislature and signed by Gov. Ron DeSantis prohibits the majority of abortions after six weeks of pregnancy, and a separate provision requires parents to be notified of a minor receiving an abortion. Amendment 4 proposed adjusting Florida’s constitution to protect the right to an abortion up to viability, which is set at 24 weeks of fetal development. The Florida government would also not be able to interfere if a woman and her healthcare providers decided an abortion was medically necessary after the 24-week mark. 

For Amendment 4 to pass, 60% of voters needed to vote “yes,” but the amendment fell just short of the mark. Out of the ten states that had amendments on the ballot proposing expanded abortion rights, seven states passed them. Florida, South Dakota and Nebraska were the outliers. 

Passing Amendment 4 would have been the smart choice for women’s health and safety, and this decision not to decrease government interference in abortions can hold larger implications for privacy laws. 

The 1973 Supreme Court decision in Roe v. Wade established that the U.S. Constitution protects an individual’s right to privacy, including an abortion. This ruling is in line with the Fourteenth Amendment’s declared right of liberty. When Roe v. Wade was overturned in 2022, the decision on abortion rights was given back to the states.

The Florida constitution’s section 23 also clearly outlines a right to privacy, but the Florida Supreme Court did not interpret this to include the right to abortion, so the six-week restriction was implemented. 

Now more than ever, your vote for Florida’s governor and Supreme Court judges matters. Their interpretation of privacy can dictate your rights to your body. 

The six-week abortion ban that now remains in place does not allow time for most women to realize they are pregnant and make an informed decision about their options. According to the American Pregnancy Association, most women realize they are pregnant between weeks four and seven, which means many women don’t know in time or have very little time to make an informed decision. 

Making matters worse, a major issue with this timeframe is that pregnancy is actually calculated from the date of a woman’s last period. It is not uncommon to have a few days difference in each month’s menstrual cycle. So, a woman can think her period is just a little late and not realize she is pregnant until just before or after the six-week deadline. 

For women who discover they are pregnant after six weeks, they have virtually no options in Florida, and even women who learn of their pregnancies before the six-week mark are placed in a difficult position. Particularly in cases of unintended pregnancies, those women would only have one-two weeks to decide if they want to proceed with the pregnancy or get an abortion. This is not nearly enough time to make such a complex decision, never mind needing to take time off work, schedule the procedure and other logistics. 

Still, proponents of a six-week abortion are likely concerned with ensuring abortions occur before viability. However, the CDC determined that in 2021, 96% of the abortions were performed at or before the 15-week mark, 3% occurred between 16 and 20 weeks and only 1% of abortions were performed at or after the 21-week mark, proving the worry about viability extremely rare. 

For those concerned about the small percentage of abortions occurring after the 21-week mark, the National Library of Medicine conducted a study to find the reasons women get abortions in the third trimester. They discovered two main reasons: The woman learned new information about the pregnancy or she was unable to get an abortion sooner due to barriers such as cost or lack of accessible care. 

Data shows that the vast majority of women seek abortions early in the pregnancy and for thought-out reasons. MedicalNews Today states that the choice to get an abortion is influenced by a variety of factors including financial, timing or partner-related reasons. 

Severely restricting access to abortions will only cause more harm than good. According to the World Health Organization, restricting access to abortions does not decrease the number of abortions, it only makes the abortions unsafe. 

Additionally, placing restrictions on women’s healthcare starts us on a slippery slope of limiting privacy rights in general. 

Historically, privacy, as defined by the Supreme Court, ensures people can make their own decisions regarding sexual partners and marriage, including interracial and same-sex marriage. Going down this path of restricting privacy in the form of limiting women’s abortion rights could put many other things we consider private, such as marriage, in the hands of politicians.

I don’t want the government interfering with my access to medical care, my rights to sex or marriage, or my body. Neither should you.  

Finally, in a lot of ways, imposing strict restrictions on abortions is an attempt to control women and their bodies while hiding behind the guise of saving a baby’s life. These restrictions are not a solution to prevent women from aborting viable fetuses, because women are rarely doing so in the first place. 

To those who voted “no,” on Amendment 4, please reconsider your stance on abortion laws. With such tight margins, every voice matters. To those who voted “yes,” we are so close. Florida voters, you must vote those with your privacy and rights in mind into Florida offices. Our bodies, our choice.