Florida has a law (HB5, Reducing Fetal and Infant Mortality Act) banning abortions after 15 weeks of pregnancy. Florida’s Governor DeSantis (R) has characterized the law as
protect[ing] babies in the womb who have beating hearts, who can move, who can taste, who can see, and who can feel pain.
Planned Parenthood and the ACLU have sued, claiming that the ban violates the Florida Constitution. The Florida Constitution, Art I, Sect 23, grants a right of privacy to every natural person. The only part of the Florida Constitution that directly addresses abortion is Art X, Sect 22, which authorizes the State’s legislature to enact laws requiring notification of a minor’s parent or guardian prior to termination of the minor’s pregnancy.
Whitney White, a staff attorney with the ACLU’s Reproductive Freedom Project:
…we are dismayed that it has allowed this dangerous ban to remain in effect and to harm real people each and every day until this case is finally decided[.]
The State’s district-level judge, Leon County Circuit Court Judge John Cooper, siding with PP and the ACLU in issuing an injunction barring enforcement, wrote in part that (as cited by Fox News)
the Florida Constitution contains an explicit “right to privacy” that is “much broader in scope” than any privacy right under the United States Constitution. He further ruled that a 15-week cutoff for abortions is not supported by sufficient state interest.
Florida appealed the judge’s ruling and got the injunction lifted; the matter now is before the State’s Supreme Court.
It’s important to note that, both the ACLU’s and Cooper’s arguments can have legitimacy only by denying that unborn babies—especially after those 15 weeks—are not “real people,” are not natural persons. The only way in which the law’s abortion cutoff time is unsupported by sufficient State interest is by denying that unborn babies are not natural persons. After all, a core responsibility—a core duty—of the State government is to see to the safety and welfare of every “real” natural person in the State.
This is Planned Parenthood, the ACLU, and a Florida judge shamefully denying babies’ personhood, shamefully dehumanizing babies, just because they’re unborn.