Reproductive Freedom issue image

Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al.

Location: Florida
Status: Ongoing
Last Update: April 28, 2023

What's at Stake

On January 23, 2023, the Florida Supreme Court accepted a request by abortion providers to hear arguments in their case against House Bill 5 (HB 5), a ban on abortion after 15 weeks of pregnancy that threatens to put doctors in jail for providing essential care beyond that point. The move comes after several court rulings closed off meaningful legal avenues to block the law. While providers鈥 request for the court to hear arguments in the case was granted, the justices declined to immediately block HB 5 while the lawsuit proceeds, leaving the ban in place for now.

Florida health care providers filed a lawsuit on June 1, 2022 bringing a state constitutional challenge to HB 5. Shortly after a state trial court officially issued an order blocking the state鈥檚 15-week abortion ban on July 5, on the ground it likely violates Florida鈥檚 state constitution and will cause irreparable harm, the state appealed the ruling, triggering an automatic stay of that injunction under Florida state law. The law, which has been in effect since July 1, has already had devastating consequences on the health and futures of Floridians by forcing them to continue carrying pregnancies against their will.

Florida鈥檚 state constitution has an express right of privacy that, under decades of Florida Supreme Court precedents, provides broad protection for privacy rights, including the right of have an abortion, independent of federal law. Accordingly, even with the U.S. Supreme Court鈥檚 decision that eliminated the federal constitutional right to abortion, House Bill 5 (HB 5) is under Florida鈥檚 state constitution. This law also defies the clear will of the people in Florida. Two-thirds of Floridians already the right to abortion, and voters have consistently cast their ballot to ensure that the state constitution provides independent protection for the right to abortion. In 1980, Florida voters amended the state constitution to provide broad protections for individual privacy rights 鈥 including abortion. And in 2012, voters overwhelmingly rejected Amendment 6, which would have taken those protections away.

Floridians already face burdensome restrictions to getting an abortion 鈥 such as a ban on insurance plans on the state exchange covering abortion; a parental consent requirement that makes it harder for young people to get abortions; and a law that requires people to make an additional, unnecessary trip to an abortion provider before receiving care, which took effect in April 2022. There are also many other barriers to access for people who need abortion care, including: delays in finding out they鈥檙e pregnant; difficulty affording essential health care; and a lack of nearby providers.

HB 5 is designed to force Floridians to remain pregnant against their will, violating their dignity and bodily autonomy, and endangering their families, their health, and even their . The impacts of pushing reproductive health care out of reach in the middle of a maternal mortality crisis will fall hardest on Black women, who are nearly more likely than white women to die during childbirth, or shortly after.

The 老澳门开奖结果, 老澳门开奖结果 of Florida, Center for Reproductive Rights, Planned Parenthood Federation of America, and the law firm Jenner & Block filed this lawsuit on behalf of Planned Parenthood of Southwest and Central Florida; Planned Parenthood of South, East and North Florida; Gainesville Woman Care; Indian Rocks Woman鈥檚 Center; St. Petersburg Woman鈥檚 Health Center; Tampa Woman鈥檚 Health Center; and A Woman鈥檚 Choice of Jacksonville.

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