Leading Pro-Life Group Responds to Florida Supreme Court Rulings

For Immediate Release: April 1, 2024
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Protection for Babies who Feel Pain Upheld

Tallahassee, Fla. – Unborn children who can feel pain will remain protected and a law protecting babies with a heartbeat will go into effect on May 1 after today’s ruling from the Florida Supreme Court. Both are at stake under a proposed constitutional amendment to enshrine all-trimester abortion that will be on Florida’s ballot this November under a second ruling that came from the court this afternoon. SBA Pro-Life America issued the following statement from State Policy Director Katie Daniel of Tampa in response:

“Today’s victory for unborn children who have a heartbeat and can feel pain is in line with the views of the majority of Floridians who want to protect babies and serve mothers and families. As Florida faces what may be its biggest ballot fight yet, Gov. Ron DeSantis must be at the forefront of protecting Florida from Big Abortion’s attempt to eliminate the rights of unborn children, parents, women, and girls. Gov. DeSantis signed protections for babies who feel pain and have a heartbeat into law and now he must lead in defending those protections.

“We must oppose Prop 4. Not only will this measure bring dangerous late-term abortions back to Florida, but it will allow girls who aren’t old enough to get their ears pierced on their own get an abortion without a parent’s okay. Those girls and the women who have abortions will be put at risk when this measure eliminates every abortion health regulation on the books. In a state where 25% of abortion centers failed inspections it’s no surprise they want to be completely unregulated to increase their profits at the expense of women, girls, and babies.”

The Florida Supreme Court ruled against Attorney General Ashley Moody’s challenge of the measure for using deceptive language and violating the state’s single-subject requirement. In an amicus brief, SBA Pro-Life America explained the amendment’s deceptive use of the word “viability” while at the same time allowing abortion in the third trimester as long as an abortionist approves. Last month, paid signature gatherers for the pro-abortion amendment were arrested for submitting fraudulent signatures.

The abortion measure is backed by the ACLU and Planned Parenthood with nearly one-third of the dollars raised for the abortion amendment coming from the abortion industry who will directly profit from expanded late-term abortions. Implications of the measure include:

  • Abortion throughout pregnancy — the amendment leaves post-viability abortion for “health” to the discretion of the abortionist. Without defining “health,” courts have found that it can be based on non-medical factors, including mental, spiritual, financial or familial health. “Viability” is based solely on the abortionist’s judgment and would not include any baby who needs “extraordinary medical measures,” which could be as simple as a short stay in the NICU.
  • The elimination of health and safety protections for women — Language on the fundamental right to abortion “without interference from the state” puts all of Florida’s medical safeguards at risk. This includes obtaining informed consent and performing a medical screening, seeing a physician in person or even seeing a medical professional at all.
  • The removal of parental consent – Parents will not have the right of consent if their minor daughter seeks an abortion. They may also have no recourse if their daughter is harmed during the abortion.


Susan B. Anthony Pro-Life America is a network of more than one million pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders.


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