Florida - Monday November 13, 2023: 'Floridians Protecting Freedom' (FPF), a group working to gather enough signatures on a petition to put an abortion rights amendment on the ballot next year, filed a brief with the Florida Supreme Court Friday in support of their petition, and in opposition to Attorney General Moody's claim that the language in the petition is not valid.
FPF has only gathered just over 400,000 of the nearly 900,000 voter signatures they need to get the proposed amendment on the ballot. Still, that is enough to trigger a language review by the State's highest court which is required to make sure the ballot language is not misleading and applies to a single subject.
Learn more about the petition drive on the FPF website at: https://floridiansprotectingfreedom.com/.
In her brief to the high court opposing the petition language, Attorney General Moody argues that the term 'viability' could create confusion for voters. She maintains that the language disqualifies the proposed amendment and it should not be allowed on next year's ballot.
In their brief 'Floridians Protecting Freedom' called Moody's claim a "manufactured argument". Their brief, entitled, “Amendment to Limit Government Interference with Abortion,” maintains that "the law is clear and on our side, despite distortions from Florida’s Attorney General."
The FPF brief highlights the limited role of the Court's review of Florida's Constitution and it also argues that Attorney General Moody is "distorting the law" in a "politically motivated court filing" which, the brief maintains, "exposes her hollow attempt to create uncertainty around the term “viability.”
“Floridians continue to voice their opposition to abortion bans and are determined to reclaim their freedom from extremist policies,” said Lauren Brenzel, the campaign director of FPF. They "make clear that, regardless of how one feels on the issue of abortion, Floridians deserve the opportunity to vote on this amendment.”
FPF is being represented in court by the American Civil Liberties Union of Florida.
“This constitutional amendment simply ensures that decisions about pregnancy are between patients and their doctors, not politicians,” said Hélène Barthelémy, staff attorney of the ACLU of Florida. “Floridians value their freedom from government interference when it comes to accessing essential reproductive health care, and we look forward to giving them a chance to reclaim that freedom when they go to the polls in 2024.”
CONSTITUTIONAL AMENDMENT FULL TEXT
Initiative Information
Date Approved_______05/08/2023__________ Serial Number____23-07_________
Sponsor Name: Floridians Protecting Freedom, Inc.
Sponsor Address: Post Office Box 4068, Sarasota, FL 34230
DS-DE 156 (10-2021) R1S2.009, Fla. Admin. Code
Ballot Title: Amendment to Limit Government Interference with Abortion
Ballot Summary: 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. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.
Article and Section Being Created or Amended: Creates - Article 1, New Section
Full Text of the Proposed Amendment: New Section, Amendment to Limit Government Interference with Abortion
Limiting government interference with abortion.— Except as provided in Article X, Section 22, 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.
Other Briefs in Support
Four support briefs were also submitted by Florida doctors, former Florida Republican elected officials, constitutional law scholars, and the American College of Obstetricians and Gynecologists.