Planned Parenthood and the ACLU are trying to trick Florida voters into erasing every single protection of preborn lives. The group announced it has gathered enough signatures to place a highly deceptive pro-child-killing amendment on the Florida ballot, which would ban any law that would “prohibit, penalize, delay, or restrict abortion.”

That means parental notification laws will be banned, as will any attempt to save preborn lives. In fact, even federally illegal partial birth abortions — which is when a live and viable baby’s body is delivered and the brains are sucked out — are permitted if this amendment passes.

The proposed amendment to the Florida Constitution is outrageous. And because the language the pro-abortionists used is clearly designed to mislead voters, it is also unlawful.

On February 7, I will present oral argument before the Florida Supreme Court. Read on to learn why we and millions of preborn children need your prayers and support like never before. — Mat

The Florida Supreme Court will hear oral arguments on Wednesday, February 7, 2024, beginning at 9 a.m. ET regarding a proposed amendment that would codify unrestricted abortion as a right in the state constitution.

Liberty Counsel represents Florida Voters Against Extremism (FLVAE). We filed a petition with the Florida Supreme Court, arguing that the proposed amendment violates the requirement for voter initiatives and should not be permitted on the ballot. Our brief argues that the initiative is misleading and deceptive and violates the single subject rule.

The proposed amendment is sponsored by Floridians Protecting Freedom Inc., a political committee supported by the Florida Alliance of Planned Parenthood Affiliates, the American Civil Liberties Union, and other groups that support unrestricted abortion on demand up to birth.

The proposed amendment is entitled: “Amendment to Limit Government Interference with Abortion.” The full text states: “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.” (emphasis added)

The effect of the proposed amendment would prevent the State of Florida from regulating all abortions that a vague and undefined “healthcare provider” may deem “necessary” to protect the woman’s “health.” The amendment leaves the terms “necessary,” “health,” and “healthcare provider” purposefully undefined and vague.

In 1973, the Supreme Court abortion case, Doe v. Bolton, adopted the World Health Organization’s (WHO) definition of “health” to include “all factors—physical, emotional, psychological, familial, and the woman’s age—relevant to the well-being of the patient.” This broad definition allowed abortion up till birth.

The WHO has further expanded its definition of “health” to include “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”

The proposed amendment would permit Partial-Birth Abortion, which is banned by the federal Partial-Birth Abortion Ban Act. This conflict alone with the federal law disqualifies the proposed amendment.

The proposed amendment also violates the Florida Constitution’s single-subject requirement by addressing multiple subjects, including pre-viability abortions and “health” in the same proposal. Those are distinct issues that cannot permissibly be put into a single ballot initiative.

The proposed amendment is also contradictory because a parental notice law will “delay” an abortion. And any safety regulation would “restrict” abortion. In other words, no law protecting life or pregnant women will survive if this amendment passes.

The language of this deceptive and deliberately confusing amendment would authorize abortion for any reason, without ANY restrictions, at any time up to birth.

The proposed amendment does not meet the requirements for a voter initiative and must be rejected.

This ballot initiative is just one more attempt by Planned Parenthood and other abortionists to protect their bloody but highly lucrative business of killing preborn children. And they’re trying to trick Floridians into voting this deception into the state constitution. We will have none of it.

Liberty Counsel played a major part in overturning Roe v. Wade when our powerful brief was cited in the Dobbs decision that ended five decades of abortion sanctioned by the Supreme Court. Now we are going state to state, fighting to protect the lives of the unborn.

We need YOUR help to fund our crucially important legal work defending life, religious freedom, and the natural family. Support our legal fund today and have YOUR IMPACT DOUBLED by a special Challenge Grant. Please, give generously today.

Thank you for loving life and liberty as much as we do!

Mat Staver
Founder and Chairman
Liberty Counsel

TAKE ACTION

In Washington, D.C., the U.S. Congress needs to hear from you regarding HR 15 — a bill that would federally overturn the 2003 partial birth abortion ban and enshrine abortion up until birth as a federally protected “right.” Fax Congress NOW to protect Americans from HR 15, the misnamed “Equality Act,” and don’t forget to sign the petition!

Sources:

“FL Supreme Court Will Hear Abortion Initiative Argument.” Liberty Counsel, January 3, 2024. LC.org/newsroom/details/010324-fl-supreme-court-will-hear-abortion-initiative-argument.

H.R. 15. Equality Act. (2023, June). 118th Congress (2023-2024 Session). Congress.gov/bill/118th-congress/house-bill/15.‌