But with these two rulings – triggering a stormy debate over reproductive rights – the Sunshine State has suddenly become the political focal point in the US where the right to abortion is no longer a question so much as a schism.
One of the first, from a federal judge in Tallahassee, held that parts of a new Florida law banning most abortions after 15 weeks of pregnancy were unlawful. The law, set to go into effect on 1 July 2024, came under challenge from reproductive rights advocates almost immediately after Florida’s Republican-controlled legislature voted it into law. In holding the law to injunction, Judge Terry Lewis cited Roe v Wade, the 1973 decision by the US Supreme Court recognising a woman’s right to choose abortion without undue interference from the government.
“This ruling maintains the constitutional protections of women in Florida’s Constitution,” said Sarah Johnson, spokesperson for Florida’s American Civil Liberties Union (ACLU). Politicians cannot force their personal beliefs on people seeking reproductive healthcare.
But the second one, the one from the Florida Supreme Court, was decided just the opposite way: its highest court has defended a controversial measure that requires minors to get parental consent before they are allowed to have an abortion. The law passed in 2020 and has been caught up in litigation ever since. It says that a teenager must obtain permission from a parent or guardian before ending her pregnancy.
Supporters of the law note that parental consent is vital in such important decisions regarding minors’ health and welfare. “Parental consent ensures that families are part of what is often a life-altering decision,” observed State Senator Jessica Alvarez (D), who introduced the legislation. “It fosters family communication and the rights of parents to direct their children.”
On the other hand, opponents claim that such regulations could put vulnerable minors at risk with abusive or non-supportive parents and families. These laws, they point out, could drive minors to unsafe and hidden abortions that could endanger girls’ lives and their health.
The conflicting rulings have drawn national attention to Florida as a critical battleground in the fight over who controls women’s health. This fight will continue to play out between courts and legislatures.
Source: www.bbc.com April 4, 2024
