Florida Could Become Abortion-Destination State if Proposed Constitutional Amendment Passes MARCO BELLO/AFP via Getty Images

Abortion is on the ballot in Florida this November, and if voters codify the right to kill unborn babies into the state constitution, there will be far-reaching consequences for the entire southeastern region of the United States.

With every other surrounding state restricting abortion at some time in the first trimester of pregnancy, Florida would likely become an abortion destination state for the region, with Virginia as the next closest option. The measure, called Amendment 4, would essentially enshrine the right to abortion throughout pregnancy into the state constitution, allowing women in neighboring states with tighter restrictions to travel to obtain abortions later in pregnancy.

At present, Florida and every other nearby southern state either restrict abortion at six weeks or restrict abortion completely with limited exceptions, like North Carolina which restricts abortion at 12 weeks. But out of the ten states with abortion on the ballot, the Sunshine State is the only one in the southeastern region with the opportunity to vote on an abortion-related proposed constitutional amendment this election cycle.

That means that while laws in states like Georgia, South Carolina, North Carolina, Alabama, Arkansas, Kentucky, Louisiana, Tennessee, and Mississippi will continue to restrict abortion for the foreseeable future, Florida could become an epicenter for the region, allowing the killing of unborn babies in abortion up to 24 weeks (considered the point of viability) and later in pregnancy “when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”

Florida functioned as an abortion destination state in the recent past before its six-week restriction went into effect on May 1, 2024. The six-week restriction was tied up in court while the the state’s 15-week restriction, passed in 2022, was litigated. When the Florida Supreme Court upheld the 15-week restriction, it made way for the six-week restriction to go into effect, which DeSantis had signed in April of 2023.

While Florida’s 15-week restriction was the law of the land in 2023 and part of 2024 — and surrounding states had even narrower restrictions — abortions for women from out-of-state increased by several thousand over just a few years, state data shows. Community Pregnancy Clinics (CPCI), the largest system of pro-life crisis pregnancy clinics in Florida, warned last year that the state was becoming an “abortion-destination state,” the state’s 15-week restriction, noting that 90 percent of all abortions happen in the first trimester.

READ MORE: Exclusive — Pro-Life Group Warns: Florida Is Becoming an “Abortion-Destination State”

In 2023, more than 84,000 women had abortions in Florida, which is higher than most states. Out of those women, 7,736 reported being from out of state, up from 6,726 in 2022, 4,873 in 2021, and 3,988 in 2020, according to data from the Agency for Health Care Administration (AHCA).

The pro-abortion Guttmacher Institute released data at the time that found one of every three abortions in the South, and one in 12 across the United States, occurred in Florida. Guttmacher also reported a higher number of women coming from out of state to get abortions in Florida, putting the figure at more than 9,000.

AHCA data for 2024 year-to-date — and with only a few months left in the year — show a potential decrease in out-of-state abortions and abortions overall. So far, the state has recorded 50,224 total abortions, including 3,403 abortions on women from out of state.

Guttmacher has estimated that abortions in Florida decreased at least 30 percent in May of 2024 — when the six-week restriction went into effect — from the January to March average, and 35 percent by June.

READ MORE: These Ten States Have Abortion on the Ballot in November

The proposed abortion amendment is backed by Floridians Protecting Freedom — a coalition of left-wing groups including Planned Parenthood and the American Civil Liberties Union (ACLU) of Florida. 

If Florida voters pass Amendment 4 with at least 60 percent support in November, the abortion amendment would undo the state’s six-week limit and basically create a permanent right to abortion in the state that could only be undone with another ballot measure or an uphill legal battle. The abortion measure also essentially allows for abortions throughout pregnancy under certain conditions.

Amendment 4 bars the state from restricting abortion before viability, approximately 24 weeks, or later in pregnancy “as determined by the patient’s healthcare provider.”

It reads:

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. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.

The Florida Agency for Health Care Administration (AHCA) has come out against the amendment, saying it “threatens women’s safety.” The AHCA warned that the measure’s vague language could lead to the overturning of at least 20 abortion-related laws, including parental consent, if it is passed.

Florida Gov. Ron DeSantis (R) has also spoken out against the abortion amendment and said it was “written in a way that’s intentionally designed to deceive voters.”

Various polls within the past few months have shown the amendment narrowly failing or passing, often within the margin of error (see here, here, here, here, here, here, here, here, and here). A recent poll from the New York Times and Siena College showed the abortion measure with only 46 percent support — well below what is needed for passage. 

Ballot measures are particularly effective as an offensive weapon because they are basically irreversible — they change a state constitution, take precedence over laws passed by state legislatures, and can only be overturned by another ballot measure or lengthy legal battles. The measures are typically propped up by left-wing organizations and affiliates with deep pockets — such as Planned Parenthood and the ACLU — out-of-state dark money groups, and billionaires with eugenicist leanings, oftentimes outspending pro-life organizations by double or triple.

Every single pro-abortion-related ballot measure since the fall of Roe has been successful. During the 2022 special elections, Kansans rejected a ballot measure that would have established that the state Constitution does not include a right to abortion. During the 2022 midterms, voters in California, Michigan, and Vermont codified abortion into their Constitutions. At the same time, voters in Montana rejected a ballot measure that would have given rights to babies born alive in botched abortions. Voters in Kentucky also rejected an amendment similar to the one in Kansas. Last November, Ohioans also voted to codify the supposed right to abortion in their state Constitution via Issue 1.

The New York Times pointed out that none of those abortion measures have topped 60 percent support in those states. The highest total support was in Kansas in 2022, at 58.97 percent support.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.

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