Florida's Perpetual Battle Against Abortion

For over a century Abortion was illegal in Florida. One year ago we returned to that law.

Looking at the current political climate on abortion, you could be forgiven for thinking it's always been a controversial issue. But Abortion wasn’t always a hot topic. Until the 19th century, abortion was a relatively common practice. In fact, the first law even addressing abortion was written in 1821, and was actually a response to a criminal case. A priest had poisoned a woman he had gotten pregnant in an attempt to cover up premarital sex, which ended up killing her. The law was not about all abortion, but specific instances in which someone “wilfully and maliciously” administered poison.

So what set the stage for abortion as it is today?

In 1866, Dr. Edwin M. Hale, the man who would change both his mind and the perception of abortion for centuries, published a textbook arguing that abortion was safe and that a woman's safety was a reasonable cause for one. Only a year later he published a new book saying abortion was child murder, that women wanted to avoid it for vain beauty, or because they didn’t practice abstinence.

One year after that, in 1868, Florida would illegalize abortion, only allowing it in instances where the woman's life was threatened. For 100 years this law would remain standing. Then, in 1972, following Roe V. Wade, the laws were changed as abortion was now a constitutional right. 

Two years ago, Roe V. Wade was overturned, and Florida was ahead of the curve. Months before the case's final deliberation, current governor Ron Desantis would sign into law that abortion would be illegal after 15 weeks, unless the pregnancy would be fatal. A year later, Desantis would sign an even more restrictive law legalizing abortion after six weeks. It included two exceptions. One, if the pregnancy is caused by rape, having an abortion could still be done before 15 weeks. Two, if two doctors had come to the conclusion that it would either cause irreversible damage or kill the woman.

In the wake of all these decisions is the present day push to include abortion on the ballot for Florida’s general election on November 5th. The proposed amendment 4 would make it legal to have abortions up until the fetus is viable, with no restrictions in cases where the patient's health is at risk. The State has not taken too kindly to Amendment 4. 

A proposed amendment needs 60% voter approval to be put on the ballot. What is usually a smooth process, now has voter signatures being investigated with extreme focus. Cops and detectives have shown up to petition signers' homes questioning them, including Issac Menasche. Last month, a plainclothes detective came to his house questioning why his signature on the ballot didn’t match the one on his drivers license. 

This isn’t Desantis’s only method of offense. The state proposed reviewing tens of thousands of ballot signatures for amendment 4 for fraud. The Agency for HealthCare Administration, a state run organization, has also publicly opposed the amendment, even spending millions on ads against it. 

On top of that, the Florida Department of Health has also sent a letter to one news station already, WFLA, to stop the airing of pro abortion political ads. The letter asserts that the ads misrepresent the current laws as preventing abortion in circumstances where it would save lives. However, not only do they still create barriers in getting medical care, they also cause uncertainty in the doctors who are supposed to make the important decisions. How sure do they have to be that a patient will die or that the pregnancy will cause both substantial and irreversible physical impairment? 

The concept of abortion has slowly picked up an increasingly controversial reputation in America. In the lead up to this new vote, it’s important to remember and learn from its history. As it stands, the evidence shows that Abortion has not always been a dividing issue, and its current status has very real consequences. Decide for yourself what your opinion is, and try to make your voice heard.