Legal battle over Florida’s 15-week abortion ban will hinge on state’s constitutional right to privacy

JACKSONVILLE, Florida. – A personal right to government privacy is not included in the US Constitution, but Florida’s founding document is a different story.

It was on this constitutional provision that Leon County Circuit Court Judge John Cooper on Tuesday suspended his temporary injunction against the state’s new law banning abortion after 15 weeks of pregnancy.

Florida Constitution States, “Every natural person has the right to be left alone and free from government intrusion into their privacy, except as otherwise provided herein.”

In his order, Cooper said a ban on abortions after 15 weeks violated the broad secrecy clause of the state constitution and noted that the state Supreme Court had repeatedly set precedent by determining that a woman’s decision to terminate a pregnancy was covered by this confidentiality provision.

A d

Yet many anti-abortion activists argue that in the scenario of an unwanted pregnancy, the mother’s pregnant fetus should also be afforded rights and protections as it is considered by these advocates to be an individual separate from the mother.

According to a A study by Pew Research published on June 13About 61% of American adults think abortion should be legal in all or most cases, while 37% say the procedure should be illegal in all or most scenarios.

Shortly after Cooper issued the injunction blocking the abortion ban on Tuesday, Florida state attorneys filed an appeal, reinstating the 15-week ban while the appeals court considers the case.

A group of abortion rights organizations released a joint statement on the appeal. The group includes the American Civil Liberties Union, ACLU of Floridathe Center for Reproductive Rights, American Planned Parenthood Federationand the law firm Jenner and block.

A d

“Florida’s 15-week ban has already blocked access to essential abortion care since last Friday, and it will continue to harm pregnant women until it is blocked,” the groups said in a statement. communicated. “The trial court rightly recognized this law as a gross violation of the constitutional rights of the State of Floridians, and we are determined to have it blocked for good. The majority of people support the right to obtain essential abortion care in Florida – a right that many have relied on for decades to secure the life they wanted for themselves and their families.

The new law bans abortions after 15 weeks, with exceptions if the procedure is necessary to save the pregnant woman’s life, prevent serious injury, or if the fetus has a life-threatening abnormality. It does not allow exemptions in cases where the pregnancies were caused by rape, incest or human trafficking.

The law was passed by the GOP-controlled Legislature and signed by Republican Gov. Ron DeSantis this spring.

Copyright 2022 by WJXT News4JAX – All Rights Reserved.

About Michael Murphy

Check Also

Indiana passes restrictive abortion law, causing economic fallout

Comment this story Comment Indiana’s sweeping new abortion ban produced immediate political and economic fallout …