Florida Amendment 1, Parental Notification of Abortion Measure (2004)

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Florida Amendment 1
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Election date
November 2, 2004
Topic
Abortion
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

Florida Amendment 1 was on the ballot as a legislatively referred constitutional amendment in Florida on November 2, 2004. It was approved.

A "yes" vote supported authorizing the Florida Legislature to have the power to enact a law requiring the parents of a minor to be notified if their child is seeking an abortion, with exceptions that can be attained through a judicial waiver.

A "no" vote opposed authorizing the Florida Legislature to have the power to enact a law requiring the parents of a minor to be notified if their child is seeking an abortion, with exceptions that can be attained through a judicial waiver.

Election results

Florida Amendment 1

Result Votes Percentage

Approved Yes

4,639,635 64.67%
No 2,534,910 35.33%
Results are officially certified.
Source

Measure design

See also: Text of measure

The amendment authorized the Florida Legislature to enact a law requiring that the parents of a minor must be notified before the minor receives an abortion. It provides exceptions to parental notification through a judicial waiver process.[1]

Text of measure

Ballot title

The ballot title for Amendment 1 was as follows:

The Legislature shall not limit or deny the privacy right guaranteed to a minor under the United States Constitution as interpreted by the United States Supreme Court. Notwithstanding a minor’s right of privacy provided in Section 23 of Article I, the Legislature is authorized to require by general law for notification to a parent or guardian of a minor before the termination of the minor’s pregnancy. The Legislature shall provide exceptions to such requirement for notification and shall create a process for judicial waiver of the notification.

Full Text

The full text of this measure is available here.

Support

Supporters

Officials

Arguments

  • State Rep. Johnnie B. Byrd, Jr. (R): "A really good, well-written, best-shot-at parental notification amendment."
  • State Rep. Sandra Murman: "This is a common sense thing to do. At least with parental notification, they'll have a mature person there helping make the decision."

Opposition

Opponents

Organizations

  • ACLU of Florida
  • Center for Reproductive Rights

Arguments

  • Center for Reproductive Rights: "This amendment takes away constitutional protections previously afforded to young women by Florida’s Constitution, by limiting the privacy rights of young women seeking abortions."
  • Randall Marshall, legal director of the American Civil Liberties Union of Florida: "The Supreme Court made it clear when it struck down the last law that there is nothing to prevent parents and minors from sitting down and talking about unwanted pregnancies, and that's what should happen. What this amendment does is insert government in that process, and that's what we object to."


Path to the ballot

See also: Laws governing ballot measures in Florida

The Florida House of Representatives voted 93-25 to approve the parental notification amendment, sending it to the Florida Senate, where it also passed.[2] The legislation then proceeded to the Florida November ballot.


See also

External links

Footnotes