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Florida Amendment 6, State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment (2012)

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Florida Amendment 6
Flag of Florida.png
Election date
November 6, 2012
Topic
Abortion
Status
Defeatedd Defeated
Type
Constitutional amendment		Origin
State legislature

Florida Amendment 6, the State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment, was on the ballot in Florida as a legislatively referred constitutional amendment on November 6, 2012. The ballot measure was defeated.

A “yes” vote supported this constitutional amendment to:

• prohibit the state from spending public funds for abortions or health insurance that includes abortion coverage, with certain exceptions, and

• add language to the Florida Constitution providing that the state constitution cannot be interpreted to "create broader rights to an abortion" than the U.S. Constitution.

A “no” vote opposed this constitutional amendment to prohibit the state from spending public funds for abortions and provide that the state constitution cannot be interpreted to "create broader rights to an abortion" than the U.S. Constitution.  


On November 6, 55.10% voted to reject Amendment 6. A 60% vote was required for the constitutional amendment to be ratified.

Overview

What would Amendment 6 have changed about abortion funding laws in Florida?

Amendment 6 would have prohibited the state from spending public funds for abortions or health insurance that includes abortion coverage. Exceptions would have been made for (a) when a physician determined that physical conditions placed the woman at risk of death unless an abortion was performed; (b) when a pregnancy resulted from rape or incest; or (c) when federal law required the spending.[1]

What else would Amendment 6 have changed about the Florida Constitution?

The constitutional amendment would have also added language to the Florida Constitution saying that the state constitution cannot be interpreted to "create broader rights to an abortion" than the U.S. Constitution.[1]

Dr. Randy Armstrong, chairperson of Citizens for Protecting Taxpayers and Parental Rights, related the provision to parental consent laws. He said, "In 1989, the Florida Supreme Court, in In re TW, concluded that Article 1, Section 23 of the Florida Constitution gives more rights for an abortion than the United States Constitution and struck down the parental consent statute. Passing Amendment 6 will allow a future Florida legislature to enact legislation restoring parental consent."[2]

Jessica Lowe-Minor, executive director of the League of Women Voters of Florida, said, "Well, essentially we have a statement in our constitution that says every natural person has a right to be left alone and free from governmental intrusion into that person’s private life. And, what this amendment seeks to do is say that right to privacy, that sentence, does not apply to abortion rights."[3]

Election results

Florida Amendment 6

Result Votes Percentage
Yes 3,511,354 44.90%

Defeated No

4,308,408 55.10%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title was as follows:[4]

“ Prohibition on Public Funding of Abortions; Construction of Abortion Rights[5] ”

Ballot summary

The ballot summary was as follows:[4]

“

This proposed amendment provides that public funds may not be expended for any abortion or for health-benefits coverage that includes coverage of abortion. This prohibition does not apply to an expenditure required by federal law, a case in which a woman suffers from a physical disorder, physical injury, or physical illness that would place her in danger of death unless an abortion is performed, or a case of rape or incest.

This proposed amendment provides that the State Constitution may not be interpreted to create broader rights to an abortion than those contained in the United States Constitution. With respect to abortion, this proposed amendment overrules court decisions which conclude that the right of privacy under Article I, Section 23 of the State Constitution is broader in scope than that of the United States Constitution.[5]

”

Constitutional changes

See also: Article I, Florida Constitution

The ballot measure would have added a Section 28 to Article I of the Florida Constitution. The following underlined text would have been added:[1]

Note: Hover over the text and scroll to see the full text.

SECTION 28. Prohibition on public funding of abortions; construction of abortion rights.-

(a) Public funds may not be expended for any abortion or for health-benefits coverage that includes coverage of abortion. This subsection does not apply to:

(1) An expenditure required by federal law;
(2) A case in which a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering, physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed; or
(3) A pregnancy that results from rape or incest.

(b) This constitution may not be interpreted to create broader rights to an abortion than those contained in the United States Constitution.[5]

Support

Citizens for Protecting Taxpayers and Parental Rights, also known as Say Yes on 6, led the campaign in support of the ballot measure.[6]

Supporters

Officials

Former Officials

Organizations

  • Archdiocese of Miami
  • Catholic Association of Latino Leaders
  • Christian Family Coalition
  • Florida Baptist Convention
  • Florida Conference of Catholic Bishops
  • Florida Family Action
  • Florida Farm Bureau
  • Florida Right to Life
  • Knights of Columbus


Arguments

  • U.S. Sen. Marco Rubio (R): "Regardless of whether one is pro-life or pro-choice, a strong majority is clearly united against the use of public funds for abortions. It is important to use precious health care dollars for those most in need such as the disabled, children, elderly and others without the benefit of health insurance."
  • Former Gov. Jeb Bush (R): "With Amendment 6, Florida has the opportunity to restore parental consent for an abortion involving a minor child. Amendment 6 will also prohibit the use of public funds for an abortion except in cases of rape, incest or any condition that would cause the death of a mother if an abortion is not performed. Our tax dollars must continue to assist those in need such as disabled children and the frail elderly."


Opposition

Vote No on 6 led the campaign in opposition to the ballot measure.[7]

Opponents

Organizations

  • ACLU of Florida
  • America Votes Action Fund
  • Feminist Majority Foundation
  • Florida Alliance of Planned Parenthood Affiliates
  • NARAL Pro-Choice America
  • Planned Parenthood of Southwest & Central Florida


Arguments

  • Vote No on 6: "It is not for politicians to decide what should or should not be covered by someone’s health plan, or for them to take coverage away from people who already have it today. We all deserve access to health insurance plans that cover critical care we can count on, not coverage chosen for us by meddling politicians. Amendment 6 forces politics where it doesn’t belong – period. Women, not politicians, should make personal medical decisions in consultation with their doctors, family, and faith."


Path to the ballot

Amending the Florida Constitution

See also: Amending the Florida Constitution

In Florida, a 60% vote is required during one legislative session of the Florida State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Amendment in the state Legislature

On March 3, 2011, the constitutional amendment was introduced into the Legislature as House Joint Resolution 1179 (HJR 1179). The House passed HJR 1179 on April 27. The Senate voted 27-12 to pass an amended version of the resolution on April 28. The House voted 79-34 to approve the amended resolution on May 4.[8]

See also

2012 Measures

Florida

News and analysis


Footnotes

  1. ↑ 1.0 1.1 1.2 Florida State Senate, "House Joint Resolution 1179," accessed May 18, 2022
  2. ↑ The Gainesville Sun, "Rufus S. Armstrong: Amendment 6 protects parental rights," September 25, 2012
  3. ↑ WFSU, "Both Sides Of Abortion Amendment 6 Make Case To Florida Voters," October 19, 2012
  4. ↑ 4.0 4.1 Florida Division of Elections, "Amendment 6," accessed May 18, 2022
  5. ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  6. ↑ Citizens for Protecting Taxpayers and Parental Rights, "Homepage," accessed May 18, 2022
  7. ↑ Vote No on 6, "Homepage," accessed May 18, 2022
  8. ↑ Florida State Senate, "HJR 1179 Overview," accessed May 18, 2022
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