Amendment 4, often referred to as the "Right to Abortion Initiative," would cement into Florida's constitution a woman's right to terminate a pregnancy.
In Florida, citizen ballot initiatives require a 60 percent majority to pass.
Below is a list of important facts to know about Amendment 4.
What Is Amendment 4?
It's an amendment to the Florida state constitution that permits abortion before the point of fetal viability or in cases where the pregnancy is harmful to the patient's health, as determined by the patient's healthcare provider. Specifically, Amendment 4 reads, "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." Passage of the amendment would not overturn current laws regarding abortions performed on minors.What Exactly Is "Fetal Viability"?
Glad you asked! The standard used by most doctors, and by Roe v. Wade, is whether the fetus can survive outside the uterus without medical support. That's usually around 24 weeks, according to the American College of Obstetricians and Gynecologists. Pregnancy time is measured from the start of the last menstrual period, not how long the fetus has actually been growing.Is That Different From Pregnancy Viability?
Yes. Pregnancy viability is when the fetus has a detectable heartbeat, usually around six weeks.How Long Is a Pregnancy?
About 40 weeks. So 24 Weeks Is Not "Late Term" or the Ninth Month?
No. In 2021, according to the Pew Research Center, 93 percent of abortions in the United States took place during the first trimester, or within the first 12 weeks of pregnancy. Late-term abortion after 24 weeks is extremely rare.What Is the Existing Abortion Law in Florida?
Abortion is allowed only in the first six weeks. In addition, patients are required to make two appointments: one for in-person counseling and a second for the actual abortion, which cannot be made until at least 24 hours after the first. Pills can be used, but only in person; it's forbidden to send them through the mail. State Medicaid coverage is also banned. President Joe Biden has described the current statutory restrictions as "one of the nation's most extreme anti-abortion laws."Has That Changed Recently?
Yes, that law went into effect on May 1, 2024. Before that, abortion was permitted until 15 weeks. And before that — prior to the U.S. Supreme Court's repeal of Roe v. Wade in 2022, it was 24 weeks. How Long Does It Take to Realize You're Pregnant?
It depends. In a study by the Journal of Clinical Epidemiology, half the respondents began experiencing pregnancy symptoms around the end of the fifth week, and 90 percent by the eighth week.How Far Do Floridians Have to Travel to Get an Abortion After Six Weeks?
North Carolina allows abortions up to 12 weeks, but patients need to make two appointments, one for a counseling session and one for the actual abortion 72 hours later. Virginia allows abortion until the end of the second trimester (and later, in some circumstances). Nearly every other state in the Southeast has banned abortion altogether.How Many Abortions Were There in Florida Before the Law Changed?
In 2023, an estimated 85,570 abortions were performed in Florida, according to the Guttmacher Institute. Of those, 60 percent were post-six weeks.Will Amendment 4 Make Florida "The Home of Late-Term Abortions in the Southeast"?
Notwithstanding the prediction of the anti-Amendment 4 group Florida Family Action, about 9,000 patients traveled to the Sunshine State for abortions in 2023 before the law changed. Late-term abortion wasn't legal then, and it won't be legal if voters approve the ballot measure.Why the 60 Percent Threshold to Pass This Amendment?
Since 2006, any amendment to the Florida state constitution has required a supermajority of 60 percent. Somewhat ironically, that became law via a change to the constitution proposed by the legislature, which was favored by fewer than 60 percent of voters — 57.79 percent, to be exact. In 2023, the legislature attempted but failed to get an amendment on this year's ballot that would have asked voters to raise the threshold to 66.67 percent.What Does Donald Trump Think About Amendment 4?
The Republican presidential nominee and reigistered Florida voter sent mixed signals but ultimately said he would "be voting no on the amendment.""I think six weeks, you need more time than six weeks. I disagreed with that right from the early primaries. When I heard about it, I disagreed with it. At the same time, the Democrats are radical because the nine months is just a ridiculous situation where you can do an abortion in the ninth month.... All of that stuff is unacceptable, so I'll be voting no [on Amendment 4] for that reason."
