Seven things to know about what Florida’s six-week abortion ban means
The Florida Supreme Court on Monday issued a ruling that triggers a ban on abortion in the state after six weeks of pregnancy, allowing the new policy to kick in after 30 days and changing the laws that govern the procedure in a way that could have ripple effects across the south.
Here’s what to know:
When does the new ban become law?
The 6-week abortion restriction takes effect 30 days after the ruling, which would be on or around May 1.
What is the law today?
With Monday’s ruling by the state’s Supreme Court upholding current law, abortions remain legal up until 15 weeks of pregnancy, with no exceptions for cases like rape or incest. That changes in 30 days.
Are there exceptions to the six-week cutoff?
When the new law kicks in next month it will limit abortion to six weeks of gestation, but will allow pregnancies that are the result of rape, incest or human trafficking to be terminated up to 15 weeks.
However, to use that exception, a police or medical report, court record or other documentation would need to be provided showing evidence of the crime.
As in Florida’s current law, the 6-week ban maintains exceptions allowing abortions later in pregnancy for medical necessity. In the majority of cases, two physicians must attest that the abortion is needed to save the woman’s life or to avoid “substantial and irreversible” physical impairment. In emergencies, it requires one physician.
Why was the 6-week threshold chosen?
The Senate sponsor of the bill, which has been held up by litigation since Gov. Ron DeSantis signed it into law last year, said the measure targets abortions after six weeks of pregnancy because that’s when the embryo has a heartbeat. She named the legislation the “Heartbeat Protection Act.”
But whether that sound is in fact a heartbeat, as proponents of the bill say, is up for debate.
According to The American College of Obstetricians and Gynecologists, “it is clinically inaccurate to use the word ‘heartbeat’ to describe the sound that can be heard on ultrasound in very early pregnancy.”
Opponents of the law also note that many women don’t know they’re pregnant at six weeks, and said those that do would have little time to get an abortion before the cutoff.
According to the Cleveland Clinic, at-home tests can generally detect pregnancy about four weeks from the point of the last period. Blood tests can detect it slightly earlier.
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What are other Florida abortion laws?
Florida’s six-week ban significantly increases restrictions on abortion access. But it comes alongside other requirements that already provide hurdles to seeking the procedure.
Florida law requires women seeking an abortion to have two appointments at least 24 hours apart. At the first appointment, a chance to view the ultrasound must be offered in most cases. The delay is based on a law that was passed in 2015 but only enacted recently after a long court battle.
Both appointments must be done in person, and must be done by a physician. In Georgia, which has a six-week ban, the first appointment can be done by telehealth.
Minors seeking an abortion must get parental consent in most instances.
If a girl feels she cannot get parental consent, she can petition a judge to allow her to have a waiver to get an abortion. That waiver is supposed to be ruled on within three business days. If it is denied, she can appeal, and that appellate court is supposed to rule within seven days.
What does this mean for abortion access in the South?
Florida’s six-week measure not only means Florida women will be cut off from abortion access, but that women across the South will feel the effects as well.
In South Carolina, abortions are also banned at six weeks. North Carolina limits abortion at 12 weeks of pregnancy, with exceptions.
Georgia has a six-week ban in place currently, though its provisions are slightly less restrictive than Florida’s because of telehealth access for the first mandatory counseling appointment.
Alabama, Mississippi and Louisiana all have total abortion bans in place with narrow exceptions for medical necessity.
What comes next?
While the new six-week ban takes affect next month, Florida voters will have the ability to enshrine the right to an abortion up until “viability” — typically considered to be 24 weeks — in the state constitution when they vote in this fall’s elections. The ballot question must be supported by at least 60% of voters to pass.
This story was originally published April 13, 2023 at 5:04 PM.