TALLAHASSEE, Florida (LifeSiteNews) — The Florida Supreme Court ruled on Monday that the state constitution does not contain a “right” to abortion that would invalidate Florida’s 15-week and six-week abortion bans, clearing the way for the six-week law to take effect in 30 days.
In April 2022, Republican Gov. DeSantis signed into law HB 5, which forbids the killing of 15-week-old preborn babies except when allegedly “necessary” to save the life of a mother or in cases of fatal fetal abnormality (but not rape or incest) and expands committees tasked with reviewing infant mortality cases. The following April, he signed SB 300, which bans abortions after six weeks except in cases of rape or incest or allegedly for the mother’s life or health; it was designed to take effect upon the state’s highest court approving the 15-week ban.
Abortion defenders sued to block the 15-week law from taking effect, citing language in the Florida Constitution recognizing a right to “privacy.” While the U.S. Supreme Court overturned Roe v. Wade in June 2022, eliminating the federal judicial barrier to banning abortion, it did not resolve cases rooted in claims about state constitutions.
Florida’s Voice reports that the Florida Supreme Court voted 6-1 to uphold the 15-week ban, which also has the effect of letting the six-week law take effect.
“We conclude there is no basis under the Privacy Clause to invalidate the statute,” wrote Justice Jamie Grosshans. “In doing so, we recede from our prior decisions in which—relying on reasoning the U.S. Supreme Court has rejected—we held that the Privacy Clause guaranteed the right to receive an abortion through the end of the second trimester.”
READ: MAP: Most abortions are banned in 14 states
In a separate decision on Monday, however, the Florida Supreme Court ruled that a proposed pro-abortion amendment to the state constitution that would allow virtually unrestricted abortion will appear on the Florida ballot in November.
Fourteen states currently ban all or most abortions, with available data so far indicating that now-enforceable pro-life laws could effectively wipe out an estimated 200,000 abortions or more a year.