Court Rules that Florida's Privacy Clause Does not Guarantee the Right to Abortion

The Florida Supreme Court ruled yesterday on a case brought by several pro-abortion groups challenging the constitutionality of Florida's 15-week abortion limit. A restriction on abortions after 15-weeks gestation was passed by the Florida Legislature and signed into law by Governor DeSantis in April 2022. 

In a 1989 legal case, In re T.W., the right to privacy in Florida’s constitution was wrongfully interpreted by previous justices of the Florida Supreme Court as providing a fundamental right to abortion. The new case, Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, prompted the court to revisit that decision. In their April 1 ruling, the court receded from the prior decision and determined that the privacy clause in our state constitution does not grant the right to receive an abortion.  

Furthermore, this ruling paves the way for a limit on abortion after six-weeks gestation, the stage in development when a heartbeat is first detectable, to go into effect on May 1. Passed by the legislature and signed by the governor during the 2023 session, this bill was a 2023 Catholic Days at the Capitol issue. 

“We are profoundly relieved that the Florida Supreme Court has receded from previous rulings that bent the state constitution’s privacy clause to allow for abortion deep into pregnancy," said Michael B. Sheedy, executive director of the Florida Conference of Catholic Bishops (FCCB). "For far too long, the privacy clause has been misused to prevent reasonable and meaningful protections for the preborn and their mothers. We are grateful to all who worked for, advocated for, and prayed for passage of this critical legislation and this life-saving ruling from the court."