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Supporters of Florida's Amendment 4, which would have enshrined abortion rights in the state, react after the amendment's defeat, during a watch party. Alamy Stock Photo

Florida fails to overturn ban on abortions after six weeks

Most voters supported the Florida measure, but it fell short of the required 60% to pass constitutional amendments in the state.

LAST UPDATE | 6 Nov

VOTERS IN SIX US states have approved measures to protect or expand abortion rights, but Florida failed to add abortion rights to its state constitution. 

Of the ten states with abortion measures on the ballot, Arizona, Colorado, Maryland, Missouri, Montana, Nevada and New York passed the measures. South Dakota and Nebraska rejected measures that would have restored or protected abortion rights.

Most voters supported the Florida measure, but it fell short of the required 60% to pass constitutional amendments in the state. Most states require a simple majority.

The result was a political win for Republican governor Ron DeSantis that will keep in place the state’s ban on most abortions after the first six weeks of pregnancy.

It is the first ballot measure victory for abortion opponents in any state since the US Supreme Court overturned Roe v Wade in 2022, a decision that ended the nationwide right to abortion and opened the door to bans in most Republican-controlled states, protections in Democrat-dominated ones and new political and legal battles across the country.

Marjorie Dannenfelser, president of the national anti-abortion group SBA Pro-Life America, said in a statement that the result is “a momentous victory for life in Florida and for our entire country”, praising DeSantis for leading the charge against the measure.

nurse-thea-thompson-37-left-and-her-husband-mark-shedlock-wrangle-their-2-year-old-xavier-as-they-join-other-supporters-of-floridas-amendment-4-which-would-enshrine-abortion-rights-in-the-state Thea Thompson, 37, and her husband Mark Shedlock wrangle their 2-year-old Xavier, as they join other supporters of Florida's Amendment 4, which would enshrine abortion rights in the state, at a watch party. Alamy Stock Photo Alamy Stock Photo

DeSantis, a Republican with a national profile, has steered state Republican funds to the cause.

His administration has weighed in, too, with a campaign against the measure, investigators questioning people who signed petitions to add it to the ballot and threats to TV stations that aired one commercial supporting it.

The defeat makes permanent a shift in the Southern abortion landscape that began when the state’s six-week ban took effect in May. That removed Florida as a destination for abortion for many women from nearby states with deeper bans and also led to far more women from the state travelling to obtain abortions.

The nearest states with looser restrictions are North Carolina and Virginia – hundreds of miles away.

“The reality is because of Florida’s constitution a minority of Florida voters have decided Amendment 4 will not be adopted,” said Lauren Brenzel, campaign director for the Yes on 4 Campaign said while wiping away tears. “The reality is a majority of Floridians just voted to end Florida’s abortion ban.”

In Nebraska, a similar result has been anounced, albeit with a tighter margin – 51.2% against, 48.8% for. The result maintains a ban on abortions after 12-weeks, and allows for further restrictions.

In Maryland, the abortion rights amendment is a legal change that will not make an immediate difference to abortion access in a state that already allows it.

The Colorado measure exceeded the 55% of support required to pass. Besides enshrining access, it also undoes an earlier amendment that barred using state and local government funding for abortion, opening the possibility of state Medicaid and government employee insurance plans covering care.

Montanans voted by a  majority of 57% to enshrine the right to abortion in their constitution, a move that many saw as a preemptive measure against any potential changes pushed for by the Republican-controlled state legislature. The law allows for abortion up to fetal viability, approximately 23 to 24 weeks, based on a 1999 ruling from the state’s Supreme Court.

A New York equal rights law that abortion rights group say will bolster abortion rights also passed. It does not contain the word “abortion” but rather bans discrimination on the basis of “pregnancy outcomes, and reproductive healthcare and autonomy”.

Sasha Ahuja, campaign director of New Yorkers for Equal Rights, called the result “a monumental victory for all New Yorkers” and a vote against opponents who she says used misleading parental rights and anti-trans messages to thwart the measure.

With reporting from Press Association

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