Pregnant Florida women must show proof of rape or incest for abortion

2023-04-16

Pregnant women in Florida must show proof of rape or incest to be allowed to have an abortion beyond six weeks under new law signed by Ron DeSantis

Florida’s highly-restrictive new abortion law allows tough exceptions
DeSantis signed into law a bill banning abortions after six weeks
In case of rape or incest, women must show police report or medical report
In case of life of mother, two doctors must sign off on abortion

Pregnant women in Florida must show proof of rape or incest if they want an abortion after six weeks under the new law signed by Gov. Ron DeSantis.

Additionally, if the life of the mother is at risk then two physicians must certify that in writing before a pregnancy can be terminated.

Those are just some of the heavy restrictions in the law that the Republican governor signed on Thursday, which bans abortions after six weeks – one of the most restrictive abortion laws in the country.

The ban makes exceptions for for life of the mother and for cases of rape or incest – but only under certain, specific conditions.

State Sen. Lauren Book, seated right, along with Democratic Chairwoman Nikki Fried, seated left, and about a dozen activists who were protesting Florida’s abortion law

The abortion issue has become a national one – particularly after a Texas judge reversed the FDA approval of the popular abortion pill mifepristone. The Supreme Court ordered a stay on that decision on Friday as the ruling is being challenged in court.

But, across the country, states are enacting abortion bans. Florida joins a dozen others in banning them after six weeks, which is essentially an outright ban given that most women do not realize they are pregnant until after that point.

The restrictions and exceptions in Florida’s law include:

Two doctors have to certify in writing that an abortion is necessary to save the woman’s life or avert a serious risk health risk. This does not include mental health aspects of a woman’s life.
If two doctors are not available, one would have to certify in writing that there is a medical necessity and no other doctor is available.
In the case of rape or incest, when a woman schedules or arrives for her abortion, she must provide a copy of a restraining order, police report, medical record or other court order or documentation proving her victim status.
Abortions are allowed if the pregnancy has not progressed to the third trimester and two doctors certify in writing that the fetus has a fatal fetal abnormality.
Abortion pills must be disbursed in person by physicians, prohibiting abortions over telehealth visits and prohibiting the delivery of abortion pills by mail.

Violating the law is a felony of the third degree.

Florida already had a ban on abortions after six weeks.

That ban is being challenged to the Florida Supreme Court by the Center for Reproductive Rights and other groups. A ruling on that ban could also affect the ban on abortions after six weeks. It’s unclear when the state Supreme Court will issue its ruling.

Republican Gov. Ron DeSantis signing the bill surrounded by several dozen lawmakers

Democratic state Rep. Anna Eskamani called DeSantis a ‘coward’ for signing it late at night

DeSantis also signed the 15 week ban into law and he did so in a huge public ceremony.

The six-week ban, in contrast, he signed into law late at night with little fanfare. He was joined by state lawmakers who voted for it.

While most Republicans support outlawing abortion – especially late-term ones – polls show that many think a six-week ban, like the one DeSantis just signed, goes too far. Many women don’t realize they are pregnant yet at the six-week mark.

A Reuters/Ipsos poll found that about 50% of Americans strongly opposed a six-week abortion ban, including 44% of Republicans.

‘DeSantis is a coward who doesn’t want Floridians to know about his extreme anti-abortion platform, which is why he signed this bill as quickly as possible and with no press coverage,’ said Democratic state Rep. Anna Eskamani, who was one of the leaders opposing the bill.

Meanwhile, abortion rights activists slammed the bill’s restrictions.

‘Florida lawmakers have rushed this dangerous ban through the legislature with no concern for their citizens and how it will harm them. This bill threatens to end abortion almost entirely amid a growing public health crisis. If this ban takes effect, Floridians would be stranded in a vast abortion desert and forced to travel over 1,000 miles to get an abortion,’ Elisabeth Smith, director of state policy and advocacy at the Center for Reproductive Rights, said in a statement.

Gov. Ron DeSantis signed into law a ban on abortions after six weeks

And other activists slammed DeSantis for using the issue for his own political ambitions. DeSantis hasn’t announced a presidential bid but is expected to do so later this summer.

‘Gov. DeSantis, and many lawmakers in Florida, are hellbent on tyrannical control of our bodies. This shameful abortion ban is only the tip of the iceberg,’ said Laura Goodhue, executive director, Florida Alliance of Planned Parenthood Affiliates, in a statement.

‘These political moves have devastating consequences for the health of our communities, and they directly go against Floridians’ will. Gov. DeSantis’s audition for the presidency doesn’t define us as Floridians.’

In a speech at Liberty University in Virginia on Friday, DeSantis failed to mention the restrictive new abortion law he signed the evening before in his state when he spoke to the heavily pro-life crowd.

DeSantis’ signature on the Florida abortion law could help him among GOP voters in a presidential primary as he solidifies his conservative credentials.

But polling also shows that a majority of Americans, overall, support abortion rights.

Meaning the new law could come back to haunt him among independent and swing voters in a national election.

Democrats have vowed to make abortion rights a national issue in the 2024 presidential race particularly after they used it to successfully mobilize voters in 2022. Republicans failed to deliver widespread victories in that midterm election.

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