Less than two months after Gov. Ron DeSantis signed a law banning abortions after 15 weeks of pregnancy, Florida health care providers have filed a lawsuit against the measure.
The plaintiffs in the lawsuit, filed Wednesday in Leon County Circuit Court in Tallahassee, want to block the ban that goes into effect July 1.
The law has caused an upset among reproductive rights activists, and the lawsuit claims that HB 5, the piece of legislation that was approved this spring by the Legislature, violates protections under the Florida Constitution.
“Despite Florida’s history of protecting the right to abortion, the Florida legislature recently engaged in a brazen attempt to override the will of the Florida people. The legislature passed House Bill 5, a law that criminalizes pre-viability abortions in direct violation of Floridians’ fundamental privacy rights guaranteed by the Florida Constitution,” the lawsuit states.
In addition, “By banning the provision of abortion care after fifteen weeks LMP, (last menstrual period) the Act will unlawfully intrude upon the fundamental privacy rights of Florida women. It will deny Floridians’ autonomy over their own bodies and undermine their ability to make deeply personal decisions about their lives, families, and health carefree of government interference.”
The lawsuit clarifies that “Plaintiffs at times refer to ‘woman’ or ‘women’ herein when referring to patients seeking abortion care, but recognize that people of all gender identities, including transgender men and gender-diverse individuals, may also become pregnant and seek abortion services, and would thus also suffer irreparable harm under HB 5.”
The Florida Legislature approved the 15-week ban during the 2022 regular session, with most Democrats in opposition. Abortion rights groups and others came to protest at the Capitol to oppose the ban, but lawmakers approved the measure.
The lawsuit comes at a time when the nation is waiting on an official ruling by the U.S. Supreme Court related to a Mississippi 15-abortion ban, after a leaked draft opinion indicated that the high court could overturn the landmark case of Roe v. Wade which legalized abortion nearly 50 years ago.
In Tallahassee, the plaintiffs are represented by lawyers from big advocacy groups. Those are: the American Civil Liberties Union, ACLU of Florida, Center for Reproductive Rights, Planned Parenthood Federation of America, and law firm Jenner & Block, according to a Wednesday press release.
The defendants include Florida Surgeon General Joe Ladapo and the Florida Department of Health, the Florida Board of Medicine and the Florida Agency for Health Care Administration and several Florida state attorneys.
–Danielle J. Brown, Florida Phoenix
Michael Cocchiola says
And if the “law” is upheld. Florid State Dictator Ron DeSantis will simply countersue, force the case to the state supreme court, and the right-wing court will comply. It’s what they do.
Stop Making Sense says
If a woman wants to have an abortion that’s her decision. I could care less. But can anyone explain the difference between a woman that feels like she is not ready to have a child or possibly doesn’t want the responsibility of raising a child so she has an abortion because its “her choice and her body” and a guy (who is the other half of the pregnancy) that feels like he is not ready to have a child or possibly doesn’t want the responsibility of raising a child is subsequently labeled a deadbeat dad. Seems to me that the only difference between the two individuals is their sex, the intent appears to be the same. Yet the woman’s right to choose is fiercely defended and the man’s is loathed.
Sherry says
@ “I Make No Sense” (a much better handle for you) . . .
GEEZ!. . . If you can’t see the difference between the rights and responsibilities of one human being whose rightful “CHOICE” should be to end the pregnancy, OR be subjected to carrying a fetus for 9 months which leads to the excruciating pain of child birth, then a bare minimum of 18 years of caring for the resulting child. . . versus the person who too often is little more than a sperm donor. . . or at worst, a rapist. . . if all you can see is their different gender. . . You really are lost!
The worst that happens to the “sperm donor” is that they are labeled a “dead beat dad”. . . while the person who actually is impregnated and who gives birth is “forced” to either raise that child or give it up for adoption. For the birth giver, there is ZERO opportunity to just walk away!!! The reality is that there is a HUGE difference in the level of responsibility between the host of an embryo, and the person who simply fertilizes the ovum!
Felicia says
This is so wrong. Hands off my body and my rights. I should be able to make my own decision up to the time of birth and maybe a short time after. Whatever time I need to make an informed decision on whats best for me and my potential child.
Deborah Coffey says
Good. Stop the White, “Christian” Fascists.
For Whatever Reason says
Can you not figure out whether or not you want (for whatever reason) before the 15th week? That’s almost 4 months! Come on!