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Florida

Abortion Bans

AFTER 12 WEEKS

Florida has an unconstitutional and unenforceable ban that outlaws abortion procedures as early as 12 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 choose before viability, has no 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 any abortion procedure that falls within a broad definition a felony, unless 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 life of the fetus.  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 any abortion procedure that falls within a broad definition a felony unless 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 certain second-trimester abortion procedures and has no 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.


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