If Planned Parenthood and the ACLU get their way, even a tattoo artist will be able to legally refer minors for an abortion in Florida — including abortions of fully viable, 9-month-gestation babies. Liberty Counsel is fighting to stop them.

The battle over this proposed constitutional amendment for the November ballot is intense and will impact the entire nation.

I’ll be presenting oral arguments on this case before the Florida Supreme Court next week. Your prayers and support are much needed. Read on to get a sneak peek at our arguments. — Mat

A Planned Parenthood and ACLU-backed initiative claims it has enough signatures to place an abortion amendment on the Florida ballot in November. The implications for Florida and the nation are huge.

The proposed ballot summary AND the amendment, called “Amendment to Limit Government Interference with Abortion,” uses deceptive language to trick Floridians into changing the state constitution into making abortion a “right,” which would prevent ANY regulation of abortion.

Under Florida law, a ballot initiative must (1) be clear and not misleading, and (2) be limited to a single subject. In this case, the amendment and ballot summary are misleading, and they violate the single subject rule.

Allow me to explain. . .

The Ballot Summary 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.”

Naturally, any normal reader would believe that the “healthcare provider” means a licensed medical doctor.

But that’s NOT what it means here. Under Florida law, 58 professions fall under the state’s licensed health care practitioner definition — including a 911 operator, hearing aid specialist, massage therapist, and yes, tattoo artist. Until recently, the list also included a septic tank contractor!

This one undefined term authorizes a wide range of professions with no medical training to determine if a baby is viable, and whether an abortion is “necessary” for the patient’s “health,” even after the undefined point of “viability.”

The word “health” is also undefined. Readers would naturally believe it is limited to life-threatening conditions, but again, you would be wrong!

The U.S. Supreme Court in Doe v. Bolton used “health” from the World Health Organization (WHO) to include “physical, emotional, psychological, familial, and the woman’s age.” The WHO now defines “health” as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”

The words “necessary” and “viability” are also undefined.

Collins Dictionary says “necessary” can be “something needed for something else to happen.” Dictionary.com says “necessary” is “something vital for the fulfillment of a need.” There is no medical agreement on exactly when a preborn child is “viable.” Some may even consider a healthy newborn not “viable” outside the womb because the infant cannot care for and feed itself.

The amendment permits abortion for any reason, at any time, authorized by nearly anyone from a 911 operator to a tattoo artist.

But there’s more! The Ballot Summary, which the voters will see, contradicts the actual language.

The ballot summary states, “This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.” However, the actual language that will go into the Florida Constitution states, “No law shall prohibit, penalize, delay, or restrict abortion.” (emphasis added)

All laws on any subject “restrict” something. A parental notification law will restrict, delay, and in some cases prohibit an abortion. The amendment will eliminate any existing or future parental notification laws.

Further, if passed, the “NO LAW” language flies in the face of the federal law that bans gruesome late-term abortion procedures. This NO LAW language will prohibit ANY and ALL regulations on abortion. Abortion will be totally unregulated — including health standards for abortion mills.

Finally, the single subject rule is designed to prevent groups from deceiving voters with mixed subjects. Very few want abortion totally unregulated.

I will present oral arguments at the Florida Supreme Court on February 7 to keep Planned Parenthood and the ACLU from deceiving Floridians into voting for unrestrained murder.

Liberty Counsel is also battling similar efforts by Planned Parenthood in other states, even as we continue to prepare for numerous additional cases, including those before the U.S. Supreme Court. All our work centers around the right to life, preserving religious liberty, and advancing the natural family. We are ONLY able to do this work with your support.

Please consider making a generous one-time gift or a recurring monthly donation and a generous Challenge Grant will DOUBLE your gift’s impact.

Please be in prayer as we head into this important battle for life.

Mat Staver
Founder and Chairman
Liberty Counsel