Abortion Bans

AFTER 12 WEEKS

Florida's unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  Fla. Stat. Ann. §§ 782.30 to .36 (Enacted 2000).

A court held that Florida's ban enacted in 2000 is unconstitutional and issued a permanent injunction prohibiting its enforcement.  The court held that the ban unduly burdens a woman's right to terminate her pregnancy before viability, fails to include an exception to protect women's health, and is unconstitutionally vague.  A Choice for Women v. Butterworth, No. 00-1820-CIV-LENARD/TURNOFF (S.D. Fla. July 11, 2000).  The U.S. Supreme Court previously held that a similar ban that lacks an exception to protect a woman's health and that bans more than one procedure places an undue burden on a woman's right to choose and is unconstitutional.  Stenberg v. Carhart, 530 U.S. 914 (2000).

Florida's unconstitutional and unenforceable law makes the performance of any abortion procedure that falls within a broad definition a felony, unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical illness, or physical injury and every reasonable precaution is taken to preserve the fetus' life.  Fla. Stat. Ann. §§ 782.30 to .36 (Enacted 2000).

In addition, a court held that Florida's earlier ban on abortion procedures is unconstitutional and issued a permanent injunction prohibiting its enforcement.  A Choice for Women v. Butterworth, 54 F. Supp. 2d 1148 (S.D. Fla. 1998).  This law makes the performance of any abortion procedure that falls within a broad definition a felony unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, illness, or injury and no other medical procedure will suffice.  Fla. Stat. Ann. §§ 390.011(6) (Enacted 1998; Last Renumbered 1998; Last Amended 1998), 390.0111(5) (Enacted 1979; Last Renumbered 1998; Last Amended 1998).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.