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Florida Rejects Abortion Rights Amendment, Backs Six-Week Ban

Florida Rejects Abortion Rights Amendment, Backs Six-Week Ban

Florida Rejects Abortion Rights Amendment, Backs Six-Week Ban \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ In a significant political win for Gov. Ron DeSantis, Florida voters rejected a measure to enshrine abortion rights in the state constitution, preserving the state’s existing six-week abortion ban. The decision marks the first post-Roe victory for abortion opponents, highlighting the deep divisions across the U.S. as other states, like Maryland and New York, advanced measures supporting abortion rights.

Florida Rejects Abortion Rights Amendment, Backs Six-Week Ban
Beth Weinstein rallies in supporter of Yes on Amendment 4 regarding abortion in Florida outside of the polling place at the courthouse on Tuesday, Nov. 5, 2024, in Clearwater, Fla. (AP Photo/Mike Carlson)

Florida Abortion Rights Vote Quick Looks

  • Ballot Defeat in Florida: Florida voters rejected a proposed constitutional amendment to secure abortion rights, upholding the state’s current six-week abortion ban.
  • Political Win for DeSantis: Governor Ron DeSantis and the GOP campaigned strongly against the measure, marking a major victory for the governor.
  • Broader Impact: This is the first abortion rights ballot loss for advocates since Roe v. Wade was overturned, with abortion measures remaining key in the 2024 election cycle.
  • Contrasting State Approaches: Maryland and New York passed measures supporting abortion access, underscoring the national divide in abortion policy.
  • Mixed Ballot Outcomes Nationwide: Similar measures on abortion rights appeared in several states with varied outcomes, signaling ongoing battles in state and federal courts over abortion laws.

Deep Look

Florida voters on Tuesday rejected a constitutional amendment that would have created a right to abortion, securing a political win for Republican Governor Ron DeSantis. The measure’s defeat means Florida’s six-week abortion ban, enacted in May, will remain in place, closing the state as an abortion destination for those across the Southeast. This outcome marks the first ballot success for abortion opponents since the U.S. Supreme Court’s 2022 ruling in Dobbs v. Jackson Women’s Health Organization, which reversed Roe v. Wade and ended federal protections for abortion, allowing states to impose bans or protections individually.

The proposed amendment, which needed 60% of the vote to pass, fell short of this threshold, contrasting with the simpler majority required in most states. Marjorie Dannenfelser, president of SBA Pro-Life America, celebrated the result, calling it “a momentous victory for life” in Florida. DeSantis and his administration mounted a considerable campaign against the amendment, contributing state GOP funds and implementing aggressive measures to deter its passage. The governor’s team questioned petitioners and even issued warnings to television stations airing ads in support of the amendment, signaling a strong state-backed opposition.

This decision has permanently shifted Florida’s role in abortion access within the Southern U.S. Once a relatively accessible location for the procedure, Florida’s six-week ban now forces women from neighboring states with restrictive abortion laws to travel farther, often hundreds of miles, to states like North Carolina or Virginia where abortion remains more accessible. Lauren Brenzel, the Yes on 4 Campaign director, noted that while most voters supported ending the abortion ban, Florida’s constitution allowed a minority to determine the amendment’s failure.

Abortion policy was a decisive issue in this election cycle, with about 25% of voters identifying it as their top concern according to AP VoteCast, a survey that polled over 110,000 voters nationwide. Roughly half of all surveyed voters said abortion was an important factor, though not the most critical, and only about 10% said it was a minor factor in their decision-making. This interest reflects the growing influence of abortion rights as a primary electoral issue, especially in the aftermath of the Dobbs decision.

Maryland became the first state on Tuesday to adopt an abortion rights amendment, although it won’t change current abortion access, as Maryland already allows abortion. New York voters also passed an equal rights law that bolsters abortion rights by prohibiting discrimination based on “pregnancy outcomes, and reproductive healthcare and autonomy,” though the term “abortion” isn’t explicitly used. These amendments demonstrate a stark contrast in state responses to abortion policy, with states in both political camps making moves to either restrict or protect reproductive rights.

Despite a wave of fundraising support, abortion rights advocates lost their first statewide ballot initiative since Roe was overturned. Before Tuesday, they had successfully defended or expanded abortion rights in all seven state-level measures since the 2022 Dobbs decision. Campaign funding for abortion rights measures has been robust, with a notable focus on characterizing bans as overly strict rather than morally wrong. As of now, 13 states enforce total abortion bans with some exceptions, while four more states impose bans after roughly six weeks—an early cutoff that can affect many women before they even realize they’re pregnant. The overall impact of these bans has been mixed; while abortion procedures have slightly increased through the use of abortion pills and organized travel efforts, barriers persist for lower-income women and those in minority communities.

In other states, voters were also confronted with abortion rights questions, including in Missouri, where voters expressed the importance of overturning abortion restrictions. The AP VoteCast survey revealed that more than half of Missouri’s voters saw the amendment’s result as crucial, with similar sentiments expressed by Florida voters. Legal battles may continue in states that pass amendments, as abortion bans and challenges to existing laws are still likely to undergo court scrutiny, adding layers of complexity to access for women seeking abortions.

The abortion issue continues to resonate within the presidential race. Vice President Kamala Harris has branded current abortion bans as “Trump abortion bans,” referencing Trump’s role in the Supreme Court’s conservative majority that led to Roe’s overturning. Trump has vacillated in his stance on abortion, calling for state-level decisions but also pledging to veto a national abortion ban should one pass. His evolving position reflects the challenge he faces in balancing anti-abortion voter expectations with the broader national preference for abortion rights.

Other states, including Nebraska and Arizona, also grappled with abortion-related measures, some of which are layered with political and legal implications. Nebraska had two ballot measures: one that could enshrine a 12-week ban in the state constitution, allowing additional restrictions, and another that would permit abortion later into pregnancy. Arizona, meanwhile, has a 15-week abortion ban with some exceptions and saw renewed efforts to protect abortion rights following a state Supreme Court decision.

In Democratic-led Colorado, a ballot measure sought to integrate abortion access into the state constitution, with additional provisions to remove financial barriers to care. Montana and Nevada also considered measures that could determine future access policies. Notably, Nevada’s divided state government requires the measure to pass again in 2026 to take effect. With the U.S. Senate seat and the 2024 presidential election in play, ballot measures concerning abortion could significantly influence the outcome of these contests.

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