Reproductive Rights Amendment Fails in Florida, Leaving 6-Week Abortion Ban in Place

Florida's Amendment 4, which called for the protection of abortion rights, fell short of the 60% threshold required to pass on Nov. 5, receiving 57% of the vote. The amendment would have prevented laws that “prohibit, penalize, delay, or restrict abortion access before fetal viability or when necessary to protect the patient’s health, as determined by their healthcare provider.”

With 99% of the vote counted as of Nov. 6, the proposal will not be making it to the Florida Constitution despite a clear majority of Floridians who supported it. Florida voters increased the threshold for passage of a constitutional amendment to 60% back in 2006, making it one of the highest bars in the nation.

Across the country, Missouri’s near-total abortion ban has been lifted, and Arizona has extended its 15-week ban to 24 weeks. Out of 10 that put abortion on this ballot this Election Day, seven initiatives met with success.  Amendment 4 would have eliminated Florida's six-week abortion ban — one of the strictest in the country. 

“I’m disappointed, but not surprised,” said Mckenzie Taylor, a 23-year-old woman from Boca Raton. “Every woman I know voted for it, it was big news. I really had hope for it.” 

Florida’s Amendment 3, which would have legalized recreational marijuana, also failed to get 60% of the vote. Florida Gov. Ron DeSantis and the Republican Party of Florida campaigned heavily against both measures.

Floridians Protecting Freedom, a campaign of allied organizations including Planned Parenthood and Florida Women’s Freedom Coalition, collected 1.4 million signatures to put the amendment on the ballot, and have been following it closely ever since. The campaign believes that “the people of Florida should have the freedom to make their own personal health care decisions.”

Michele Eiger, Florida state organizer for Union of Reform Judaism, was heavily involved with the “Yes on 4” campaign from the get-go. Those involved tried to educate Floridians on the possible tricky language Florida officials added to the ballot language, and worked to combat suppression efforts. 

“We knew this from the beginning,” Eiger said. “Every other state had a 50% threshold, ours was raised to 60 in an effort to make it harder to pass,” she said. “I’m devastated.”

Florida’s 57% is in some ways a feat and a reminder that a majority of Americans disagreed with the overturn of Roe v. Wade. Among women under 30, it was ranked as their top election issue, according to a recent KFF poll. In the election aftermath, it became clear that ten of thousands of Floridians chose Trump at the top of the ticket, but also voted for Amendment 4.

“We were so close, too. I hope it changes soon, but I doubt it,” said Alexandra Loyola, a 26-year-old from West Palm Beach. “I was hoping to wake up to good news this morning.” 

Anna V. Eskamani, a Florida House of Representatives member who has been outspoken on the abortion ban and supportive of women’s reproductive freedom, pledged to continue the fight.

“This is still a historic outcome that demonstrates how the majority of Floridians reject the state’s near-total abortion ban,” she wrote in a Facebook post. “We must demand that the FL Legislature repeal the ban,” added Eskamani, who was just re-elected for her fourth and final term in District 42. 

Donald Trump, who has taken credit for overturning Roe v. Wade in 2022 following his appointment of Supreme Court judges, was officially declared Wednesday to be the winner of the general election and will be the 47th president of the United States. The president-elect has indicated on multiple occasions that he would support a 15-week national abortion ban.

The Floridians Protecting Freedom campaign expressed their disappointment in a tweet late Tuesday, starting with a heartbreak emoji.

“Tonight, Floridians made their voices heard loud and clear, demanding an end to the state’s restrictive 6-week abortion ban,” they wrote. “While Amendment 4 fell just short of the 60%, a clear majority of voters have demanded lawmakers repeal the extreme abortion ban. Without immediate action from the legislature, Floridians will remain under a 6-week ban—one that impacts countless women before they may even realize they’re pregnant.”