Reproductive health access will decline further if Amendment 4 fails to pass, advocates say

If it passes with at least 60% of the vote, Amendment 4 will overturn Florida’s extreme six-week abortion ban and enshrine the right to abortion until viability in the state Constitution. 

In 2023, Gov. Ron DeSantis and the Republican-controlled Legislature passed a law banning abortions after six weeks of pregnancy. The ban went into effect in May, after being upheld by the Florida Supreme Court. 

Now, a woman’s right to reproductive freedom in Florida is on the ballot in less than a week. And pro-choice advocates warn that the result of the voters’ decision will have a direct impact not only in the Sunshine State, but all across the South and Southeast.

If it passes next week with at least 60% of the vote, Amendment 4 – a grassroots initiative spearheaded by Floridians Protecting Freedoms, a local non-profit organization – would legalize abortion until fetal viability, which is generally around 24 weeks. 

A solid wall of bans

As a result of DeSantis’ law, abortion is banned in the state after six weeks of pregnancy, which is before many women even know they are pregnant. The law comes with exceptions for fatal fetal abnormalities and to protect the life of the mother, among others.

But despite these guidelines from the health department claiming that the six-week ban does not preclude miscarriage management, or the treatment of certain conditions, OB-GYNs and hospitals remain confused and, admittedly, scared about their role when it comes to providing reproductive care for women. 

“Every pregnancy is unique and requires different medical considerations and care. But under Florida’s ban, doctors risk prison time just in trying to treat our patients,” Dr. Mona Mangat, a St. Petersburg physician and Board Chair of the Committee to Protect Health Care, told Floricua. 

If Amendment 4 fails to pass, Dr. Mangat warns, reproductive health access will further decline throughout the Southeast, which depended on Florida for access after the US Supreme Court overturned Roe v. Wade in 2022. 

Besides the six-week ban in Florida, the wall of abortion bans women face across the South includes near-total bans in Alabama, Arkansas, Louisiana, Mississippi, Oklahoma, Tennessee, Texas; six-week bans in Georgia and South Carolina; and a 12-week ban in North Carolina.

RELATED: Just the facts: What you need to know about Florida’s Amendment 4

Planned Parenthood and independent abortion clinics in Florida have developed systems to help coordinate patients with clinics in other states, as well as provide other essential reproductive health care, the Florida Phoenix reports. But some independent abortion clinics say they might have to close, a move that would bar access to the limited abortion care that is still permitted under Florida law.

And no one will be more impacted than Latinas in the Sunshine State. If the abortion ban stays in place, reproductive rights advocates say it will continue to impact mainly low-income women, including Latinas and other women of color. 

“I think we’ve seen that these abortion bans disproportionately impact women of color and communities of color,” Veronica Ingham, Senior Campaigns Director for Free & Just, a national nonprofit focused on protecting and expanding abortion access, told Floricua. “In a state where there may be an abortion ban and a person has to leave their state to get an abortion, it may be extremely expensive. And in a state like Florida, they may have to travel across multiple state borders to be able to get an abortion. That is an extremely expensive endeavor, for them to be able to make a choice about their own body.”

Geeta Minocha, a Florida attorney and reproductive rights advocate, told Floricua that abortion is both a human rights issue and an “economic justice issue.”

“Florida’s poverty rate is significantly higher than the poverty rate of states across the nation,” she said. “And we know that the state’s Hispanic poverty levels in particular are extraordinarily and disproportionately high compared to the rates in the rest of the country.”

In fact, Florida is home to 1.4 million Latinas of reproductive age, and of this population 558,000 are economically insecure. 

Where Amendment 4 stands now

Despite Gov. DeSantis’ all-out war on Amendment 4 – which includes attempts to disqualify previously cleared signatures to put the amendment on the ballot, and threats of criminal prosecution against TV stations airing a pro-amendment ad – the initiative is on the verge of passing with 58% support, 32% opposed, and 10% still undecided, according to the latest FAU poll.

Pro-choice advocates are counting on that 10% that is still on the fence to vote “Yes on 4” to give Florida women and families the freedom to make their own healthcare choices with their doctors. 

“Here in Florida, we value our freedom and respect each other’s ability to do what’s best for ourselves and our families,” Dr. Mangat said. “Amendment 4 is about respecting our freedom to make our own health care decisions and do what’s right for ourselves and our families.” 

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