While most of the media is focused on the presidential battle, another fight — one that's literally a matter of life and death — is heating up in the Sunshine State: abortion.
When the U.S. Supreme Court struck down Roe v. Wade's near half-century reign and held that abortion was an issue more correctly regulated by the states, Florida responded with a ban on the procedure after six weeks gestation — when a heartbeat is generally detected.
Now the abortion-rights lobby is fighting back with Amendment 4, a proposed state constitutional amendment. Its proponents claim it will simply "limit government interference with abortion," but it actually rejects the will of the people.
Amendment 4 would provide that "[n]o 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."
Sounds fairly reasonable to the casual reader, but as its opponents demonstrate, it's all smoke and mirrors.
A typical statute begins with a list of precise definitions so that everyone starts out on the same page. Amendment 4 does not do that.
For example, what's meant by "viability?" Amendment 4 provides that "no law shall prohibit ... abortion before viability." Is that four months gestation? Five months? Six months? Pre-born babies can be pretty tough little kids — they want to live just as much as we do.
Take James Gill. In 1987, he was born in Canada at 21 weeks and 5 days gestation — less than five months — and was given zero chance of survival. Yet he did.
Here's another: On June 5, 2020, Minneapolis couple Rick and Beth Hutchinson welcomed their son, Richard, into the world. He wasn't due, however, until Oct. 13 and weighed a mere 11.9 ounces at birth — less than a pound.
He also wasn't expected to survive, yet today he's giggling and getting into mischief.
Is 4 1/2 months the point we should use as "viability?" The abortion-rights lobby would argue no. Truth be told, they want abortion up to the moment of birth.
And pre-born babies even have a habit of surviving abortion, and they founded the Abortion Survivors Network to prove it. Many of those survivors were placed for adoption. Even if the mother can't or won't raise the baby, someone else can and will.
The amendment goes on to provide that babies may be aborted beyond viability "when necessary to protect the patient's health." But what does it mean by health?
"Health" could mean physical health or even mental health as in "having a baby at this point in my life would depress me." It could even mean economic health as in "I can't afford a child."
Amendment 4 also neglects to define "healthcare provider." Is that limited to a physician, or does it include a nurse? How about the receptionist who helps the expectant mother fill out the intake forms?
Amendment 4 goes on to say, "This amendment does not change the Legislature's constitutional authority to require permission from a parent or guardian, before a minor has an abortion."
But "notification" is not "permission." A minor child could obtain an abortion even if her parents object — they're only required to be notified that their 13-year-old daughter is going to abort her child.
Finally, Amendment 4 rejects the will of the people who elected like-minded individuals to represent their interests in Tallahassee.
They, in turn, overwhelming approved the six-week ban in the Senate, 26-13, and by the House, 70-40, after 48 amendment proposals to the bill failed. But the abortion-rights lobby wants a do-over.
The Florida law provides exceptions in "cases in which the pregnancy is the result of rape, incest, or human trafficking." In those instances abortion would be available up to 15 weeks of gestation "as determined by the physician," according to its summary.
On April 13, 2023, Florida Gov. Ron DeSantis signed the six-week ban into law, replacing the state's previous 15-week ban.
"We are proud to support life and family in the state of Florida," DeSantis said in a statement. "I applaud the Legislature for passing the Heartbeat Protection Act that expands pro-life protections and provides additional resources for young mothers and families."
Although the election isn't until Nov. 5, other important dates are fast approaching:
Oct. 7: Voter registration deadline
Oct. 24: Deadline to request vote-by-mail ballots
Oct. 26 - Nov. 2: Mandatory early voting dates
The abortion-rights lobby wants a Mulligan after failing in the Legislature and wants to make extreme abortion a constitutional right.
Don't give it to them.
As anti-abortion activist Alveda King observed, the sanctity of life is ingrained in Christianity. "Mary chose life," she said. "Joseph chose adoption."
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.
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