Florida Amendment 4 and abortion referendum. What to know as Supreme Court decision ahead

Since Roe v. Wade was overturned nearly two years ago, many states, including Florida, have cracked down on restrictions over abortions, prompting pushback from women and pro-choice activists.

Although Florida's legislature has moved forward on a 15-week abortion ban and a six-week ban has passed but not been put into effect, activists are trying to use direct democracy to protect reproductive rights in state law with Amendment 4.

Florida's Supreme Court will have to approve the language of Amendment 4 by April 1 for the measure to make it onto November's ballot. Referendums have to be approved by the Florida Supreme Court under state law to determine they cover only a single subject before going on the ballot, where it would need 60% approval to pass and become part of the state's constitution.

What does Florida's Amendment 4 say?

Floridians Protecting Freedom submitted a ballot summary that says in part, "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." It provides for one exception, which is already in the state constitution — that parents must be notified before their minor children can get an abortion.

Floridians Protecting Freedom raised and spent $15.5 million in seven months to gather nearly a million signatures to qualify the proposed constitutional amendment for the ballot after lawmakers approved and DeSantis signed the six-week ban last May.

What do Republicans say about Amendment 4

“This is a wolf coming as a wolf,” said Chief Justice Carlos Muniz, appointed by Republican Gov. Ron DeSantis said. Muniz is one of five justices appointed by DeSantis to the seven-member court, according to an Associated Press report. “The people of Florida aren’t stupid. They can figure it out.”

Attorney General Ashley Moody and other Republicans have said the referendum, if it were to pass, would controvert the legislature's and governor's actions on abortion and would curtail the state's power to pass laws around the subject.

She said the law would "hoodwink" voters.

Is abortion legal in Florida?

Abortion is currently legal in Florida up to the 15th week of pregnancy. Last year, however, Republican Gov. Ron DeSantis signed a law implementing a ban on abortions after six weeks except in cases of incest and rape, the Tallahassee Democrat reported.

A law limiting abortions to six-weeks currently not yet in effect as activists are challenging the 15-week limit, passed in 2022, in the Florida Supreme Court. If the Supreme Court affirms the 15-week ban is valid, the six-week ban would go into effect thirty days after the ruling, according to the Center for Reproductive Rights.

This article originally appeared on Florida Today: Abortion in Florida Amendment 4 awaits Florida Supreme Court approval