Florida Amendment 4 abortion results: DeSantis declares victory

Amendment 4 would restore the legality of abortions in Florida to “fetal viability,” typically around 24 weeks.

An amendment that would have enshrined abortion in the state constitution failed to pass the 60 percent threshold for passage, although a clear majority of voting Floridians – more than 6 million of them – supported the constitutional amendment.

That means the current government ban, called the Heartbeat Protection Act, which bans most abortions after six weeks of conception, remains in place.

Florida Gov. Ron DeSantis, who has used the power of state government and millions of taxpayer dollars in an attempt to defeat the Fourth Amendment, tweeted about its failure on social media Tuesday, minutes after voting ended in northwest Florida.

“With the polls closed in Florida, Amendment 3 has failed. Amendment 4 failed,” DeSantis wrote on X shortly after 8 p.m.

Amendment 4 received approximately 57% approval. according to the Florida Department of State’s election results pageand would restore the legality of abortions in Florida until fetal viability is reached, typically around 24 weeks.

The fifty-seven percent approval rate was enough for abortion rights advocates to call on the state legislature to take notice of the results and lift the six-week abortion ban.

The ACLU called the failed vote a “temporary loss.”

“We will not give up and we will not retreat. The lives of women and girls across Florida depend on us continuing this work,” Bacardi Jackson, executive director of the ACLU of Florida, said in a statement.

The Yes on 4 campaign also said the law requires immediate action by the legislature.

“Although Amendment 4 fell short of 60%, a clear majority of voters demanded lawmakers repeal the extreme abortion ban,” the Yes on 4 campaign wrote in a Facebook post.

After a bitter and costly battle in court and the state Legislature, defeating the Fourth Amendment has been one of DeSantis’ top priorities this election season.

Doctors Against Florida’s 4th Amendment called the defeat of the 4th Amendment a “victory for women” in a press release.

“…we could not stand by and allow our patients to be subjected to such an extreme and dangerous proposition. Now we physicians can remain true to our Hippocratic Oath to do no harm to our patients,” said Dr. Cristina Peña, an OB/GYN who practices in Miami with an advocacy group.

A couple of weeks before the general election, DeSantis held a series of press conferences railing against the Fourth Amendment and attacking ballot sponsors.

National Right to Life called DeSantis a “pro-life activist” in a statement.

“Florida Gov. Ron DeSantis deserves special recognition for taking on the abortion industry head on,” said Caro Tobias, president of the anti-abortion group.

DeSantis and opponents of Amendment 4 argued that the bill’s authors were “lying” to Floridians, and the words used such as “health care provider” and “vitality” leave too much room for “outsiders” and unqualified professionals to come to Florida and perform unsafe procedures.

But the terms they question are defined in state law. “Viabilityis defined as “the stage of fetal development when fetal life is maintained outside the womb by standard medical measures.” A”medical organization» must be licensed by the state.

Abortion rights advocates say the six-week ban might as well be a complete ban, since many women don’t know they’re six weeks pregnant.

Exceptions to the current abortion law include “fatal fetal anomalies,” as well as rape, incest and human trafficking. While the state has clarified that most of these exceptions are for up to 15 weeks, state health officials have not specified whether this applies to a “fatal fetal anomaly.”

A press release from the Center for Reproductive Rights said the southeastern United States “is now a virtual abortion desert.”

“Like many Americans, Floridians are living under an abortion ban they didn’t ask for and don’t want,” said Nancy Northup, President and CEO. “As the majority of Florida voters made clear tonight, they want reproductive freedom back. But because of the high 60% threshold and the state’s misinformation campaign, they must continue to live with the fear, uncertainty, and denial of health care caused by Roe’s appeal.”

Ana Goñi-Lessan, government reporter for USA TODAY Network in Florida, can be reached at: [email protected].