In Florida, Amendment 4, a ballot measure intended to enshrine abortion access in the state constitution, failed to pass in the 2024 election. The measure required 60 percent of votes to pass, but only received 57 percent of support from voters. Governor Ron DeSantis opposed the amendment, arguing that it made a radical change to state law and lacked definition for the term “viability” when referring to fetuses. Proponents of the amendment, such as the Florida Women’s Freedom Coalition, criticized Florida’s current abortion restrictions, including a ban on abortions after six weeks of pregnancy with limited exceptions.
After the U.S. Supreme Court overturned Roe v. Wade in 2022, abortion rights became a major issue in the 2022 midterm elections and the subsequent elections. Florida is one of over two dozen states that have implemented abortion bans in some form. Under Florida’s ban, which took effect in May, abortion is illegal after six weeks of pregnancy, with exceptions for circumstances such as rape, incest, and human trafficking up to 15 weeks. Abortions are also permitted if they would save the life of the pregnant person or prevent significant and irreversible physical impairment.
Amendment 4 aimed to make abortion legal until the healthcare provider determines the fetus is viable, typically considered to be around 20 to 25 weeks, or when the patient’s health is at risk. The measure specifically stated that no law should prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the healthcare provider. However, the amendment did not affect the Florida legislature’s authority to require parental notification before a minor undergoes an abortion.
Despite efforts by pro-abortion rights activists to promote Amendment 4, including holding rallies and advocating for increased reproductive freedom, the ballot measure ultimately did not pass in Florida. Governor DeSantis and other opponents of the amendment raised concerns about the broad language used in the measure and its potential impact on state law. The failure of Amendment 4 highlights the ongoing debate and controversy surrounding abortion access in the United States, especially in states where restrictions have been implemented following the overturning of Roe v. Wade.
In the aftermath of the failed amendment, abortion rights advocates in Florida continue to push for increased access to reproductive healthcare and decision-making. The fight for reproductive freedom in Florida and beyond remains a central part of the ongoing political and social discourse, as individuals and organizations work to protect and expand access to abortion services. Despite setbacks such as the defeat of Amendment 4, the conversation around abortion rights and reproductive justice is likely to persist in Florida and across the country in the coming years.
