Amendment 4 is rejected by Florida voters, keeping state’s 6-week abortion ban in place, CBS News projects

Amendment 4 has been rejected by Florida voters in the 2024 election, CBS News projects, meaning Florida’s six-week abortion ban will remain in place.

The amendment, which sought to enshrine abortion rights in the state’s constitution, did not receive approval from at least 60% of voters.

Amendment 4 is among six ballot measures that propose changes to Florida’s constitution. 

What is Amendment 4?

Amendment 4, titled “Amendment to Limit Government Interference with Abortion,” states that “no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”

The amendment would not affect a current constitutional provision that permits a law requiring parents to be notified before a minor can receive an abortion.

The Florida measure failed to clear the required 60% voter approval threshold to pass constitutional amendments in Florida. Most states require a simple majority.

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.

Florida Gov. Ron DeSantis and the Republican Party of Florida had urged voters to reject Amendment 4. Many opponents of the amendment have argued that the language of the measure is “too extreme” and vague with its definition of “viability,” saying it would allow late-term abortions and endanger pregnant patients.

Supporters had said it would bring back protections lost when Roe v. Wade was overturned. They argued it would help put reproductive healthcare back in the hands of Florida patients and their doctors, saying that politicians should not be allowed to interfere with personal healthcare decisions or prevent medical professionals from treating patients.

Nancy Northup, the president and CEO of the Center of Reproductive Rights, said in a statement after its rejection on Tuesday night that Floridians are “living under an abortion ban they didn’t ask for or don’t want.”

“As the majority of Florida voters made clear tonight, they want their reproductive freedom back. But due to the high 60% threshold and the state’s disinformation campaign, they must continue to live with the fear, uncertainty, and denial of care caused by the reversal of Roe,” she said. “So too will countless women in the southeastern U.S., which will remain for now a virtual abortion desert.”

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 traveling to obtain abortion. 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. “The reality is a majority of Floridians just voted to end Florida’s abortion ban.”

Despite Tuesday’s results, leadership from the Florida chapter of the ACLU said in a statement that it remains “steadfast” in its commitment to overturn the state’s abortion ban and ensure Floridians can get the care they need without government interference.

“Despite unprecedented opposition from Governor DeSantis and his allies, who sought to confuse and divide voters and prevent them from even being able to vote on the amendment at all, this movement has sparked a powerful, unbreakable unity that transcends today’s result,” said Executive Director Bacardi Jackson. “The movement for reproductive freedom in Florida is stronger than ever. This election is but one chapter in our journey to safeguard the rights, dignity, and futures of every person in our state.”

Michelle Morton, the staff attorney of the ACLU of Florida, shared similar sentiments, saying that “the fact that a majority of Floridians backed Amendment 4 sends an undeniable message: we refuse to let our rights be trampled.”

“Floridians across this state have demanded the freedom to make their own decisions about their bodies, and we won’t let political roadblocks silence that call. We stand firmly with every person who has been impacted by Florida’s oppressive abortion bans,” she said. “Our fight is far from over, and we’re more determined than ever to break down these barriers until every Floridian can exercise their fundamental rights with dignity and without government interference.”

“This outcome may not be what we fought for, but it’s only fueled our resolve. Floridians showed up in force to defend reproductive freedom, and we’re just getting started,” added Sara Latshaw, the chair of Floridians Protecting Freedom. “The strength of this movement is unbreakable, and we won’t rest until every obstacle to justice and autonomy is removed. Today was a setback, but tomorrow is another step forward. We’re ready to keep fighting, stronger and more united, until every Floridian has the right to control their own body and their own future.”

The Florida Democratic Party also shared a similar statement, with Chair Nikki Fried calling the rejection of Amendment 4 a “heartbreaking loss.”

“Though the amendment did not meet the high threshold to pass, the majority of Floridians are still opposed to Florida’s extreme abortion ban and the legislature has an obligation to respect the will of the people and act – repeal this extreme ban,” she said. “If they don’t, it is up to Congress to restore reproductive freedom nationwide.” 

On June 24, 2022, the Supreme Court issued its blockbuster decision in the case Dobbs v. Jackson Women’s Health Organization, which effectively overturned Roe v. Wade and threw abortion policy back to the states. More than a dozen states have since enacted near-total bans on abortion, while it is severely restricted in other states. Among the bans, Florida’s law is considered to be among the strictest.

The Republican-controlled state legislature and DeSantis approved the state’s six-week ban last year, building upon a 2022 law that banned abortions after 15 weeks. The Florida Supreme Court upheld the 2022 law, which cleared the way for the six-week limit to take effect.

Florida’s ban on most abortions after six weeks of pregnancy – before many women know they’re pregnant – went into effect in May, nearly two years after the Supreme Court decision.

Since May, many Floridians have fought back and forth about whether to restore abortion access in the state by proposing a change to the state’s constitution.