Florida Supreme Court upholds 15-week abortion ban, rules on ballot measure

TALLAHASSEE, Fla. (WCJB) - As pro-choice advocates attempt to change the state Constitution, the Florida Supreme Court has upheld the constitutionality of a law banning abortions after 15 weeks.

Justices released an opinion rejecting Planned Parenthood’s challenge to a state law passed in 2022 banning abortions after 15 weeks on Monday. The court was tasked with interpreting the Constitution’s “privacy clause.”

Justices explained the Florida Constitution guarantees “the right to be left alone and free from governmental intrusion into . . . private life.” However, they concluded the clause does not give a basis to invalidate the state’s abortion ban.

Federally, the concept of a “right to privacy” was the constitutional basis underpinning Roe V. Wade’s abortion protections. In 2022, the U.S. Supreme Court reversed the landmark decision, ruling the Constitution does not protect the right to privacy and sending the issue of abortion to the states.

The state court’s ruling overturned prior rulings including the 2017 case Gainesville Woman Care versus state. Bread and Roses Women’s Health Center, an abortion clinic in Gainesville, brought the case.

Also on Monday, the state Supreme Court ruled on ballot language for a proposed amendment to the state Constitution to protect the right to abortion. The ruling ensured the issue would be put before the voters in November.

Following the ruling on the 15-week ban, the state’s 6-week ban, which was put on hold pending the outcome of the case, will go into effect in 30 days.

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