The right to choose was established over five decades ago with the landmark case, Roe v. Wade, 410 U.S. 113 (1973). While the Court legalized access to safe abortion, the holding came with state discretion for regulation in the second trimester. The decision does not specify a certain date of viability, however, later court decisions deemed this determination should be in the hands of physicians; not politicians.
Since Roe, states consistently attempt to limit access to abortion services through creating abortion ban milestones until they effectively ban the procedure altogether. Currently, 22 states ban abortion during the second trimester (between 13 and 24 weeks). This is a clear violation of the Roe holding which prohibits second-trimester bans.
State-level, anti-choice politicians hope to add Florida to this list with the recently filed 20-week abortion ban legislation. Sponsors Senator Ana Maria Rodriguez and Representative Tommy Gregory filed the “Pain-Capable Unborn Child Protection Act” in late January in their respective houses.
Supporters claim the bill is centered on protecting fetuses from pain, yet the medical community determines fetal capability for pain at 29 or 30 weeks. Almost all abortions occur well before the scientifically determined viability mark at 99.1%. Abortions after 20 weeks account occur in less than 1% of pregnant people. They are rare and often medically required instances of patient care and choice. These abortions usually occur due to life-threatening complications including pre-existing or pregnancy-related conditions such as diabetes, high blood pressure, or preeclampsia. Other factors such as finances, timing, and service access may also contribute to abortions during this period.
The intention of the bill is to create a precedent in the state of Florida to allow further bans throughout the second and first trimesters. The bill includes no exceptions for rape or incest. Moreover, it does not include psychological or emotional trauma as serious health risks worthy of an exception.
Passage of Senate Bill 744/House Bill 351 would continue the legacy of attempts in Florida to severely limit a legal medical procedure. Executive Director of the Florida Alliance of Planned Parenthood Affiliates, Laura Goodhue, states that “a woman’s health should drive important medical decisions – not political agendas. Politicians are not medical experts and this is not an area where they should be interfering.” This decision should be made by the patient in conference with friends, faith, and physicians.
Senate Bill 744 is currently awaiting committee scheduling, and its sister House bill is now being debated in the Professions and Public Health Subcommittee.
The right to choose in Florida is once again at risk of being chipped away to non-existence.