By Karen Barry Schwarz – Special to the Florida Catholic
Amendment 4, a pro-abortion amendment that will appear on the ballot in the fall, has alarmed pro-life Floridians, particularly in regard to its extreme and misleading nature. Now, local doctors are sounding the alarm about the inherent dangers it presents.
The amendment, which needs a 60 percent super majority to pass, is vaguely worded and was even required to be reviewed by the state Supreme Court regarding its misleading language before it was allowed to appear on the ballot. The Supreme Court ultimately decided that the language was coherent enough to appear on the ballot, and will appear as below:
Amendment to Limit Government Interference with Abortion
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 Court’s decision to allow the amendment to appear on the ballot in the fall was not unanimous, however, passing by a narrow 4-3 vote. Of note, the three dissenting votes on the Court? All three female justices (Justice Renatha Francis, Justice Jamie Grosshans, Justice Meredith L. Sasso). Justice Sasso concluded in her dissenting opinion “In sum, the Sponsor is required to tell the truth about the purpose and scope of the proposed amendment and not mislead voters; it has done neither.”
“I am not surprised that all the dissenting Justices were women,” said Karen Liebert, MD, who is an OB/GYN and a Medical Director at Community Pregnancy Clinic (CPCI) in Sarasota. “Amendment 4 is misleading, and if passed, will create so many health risks for women.”
DOCTORS NOT REQUIRED: HEALTHCARE PROVIDER UNDEFINED
“Abortion is a complicated procedure, and it is not without risk,” Dr. Liebert said. “This amendment removes the doctor from critical decisions, requiring only a ‘healthcare provider’ which is very broad, and vague. Abortions will be much more dangerous if this amendment passes than they were during the 50 years of the Roe v. Wade era.”
“It is disappointing that this amendment seeks to lower the bar, allowing non-physicians to make decisions that can jeopardize a woman’s life,” adds Ana Garcia Iguaran, MD, an OB/GYN, General Practitioner and NFP doctor with Mater Dei Clinic in Ave Maria. “‘Healthcare providers’ are now basically ‘armed’ with the ability to make decisions that can not only end the life of a baby, but that of the mother. At the very least, a doctor trained and knowledgeable about the possible complications of an abortion, and there are many, should be involved.”
NO LIMITS: VIABILITY UNDEFINED
“A post-Amendment 4 world would be woefully very different, i.e. much worse, than the Roe v. Wade era,” adds Diane Gowski, MD, President, Florida Catholic Medical Association. “Roe v. Wade ruled that abortion could be prohibited only at the point of fetal viability (back then this was around 28 weeks gestational age). Due to technological advancements in medicine, babies born as young as 21 weeks have now survived with supportive care and treatment. The misleading language of Amendment 4 indicates that it too would allow abortion ‘before viability’ (like Roe v. Wade), however it then adds an extremely broad exception, “…or when …”, such that ultimately it allows abortion up until birth, for any reason as decided upon by any non-physician healthcare provider. Thus, Amendment 4 greatly expands access to abortion . . . there would be no limits on abortion.”
“We know that babies can feel pain as early as 15 weeks, and there is solid proof that they can feel pain as early as 12 weeks,” said Dr. Liebert. “This amendment allows abortion all the way through the third term. People dismiss that, saying that not many third term abortions are performed, but that’s still thousands of babies, and also abortion becomes much riskier for the mother at that point. Even under the Roe ruling, viability was defined. This is much worse.”
Stephen Hannan, MD, Fort Myers, is President of the Southwest Florida Guild of the Catholic Medical Association and adds that “the language of Amendment 4 is very misleading. Although the amendment seems to limit abortions to a pre-viability age of the baby, it provides no precise definition of the gestational age. And those that might make this determination, need only be a ‘health-care provider,’ not a physician. The definition of health-care provider is not defined, and therefore is not limited to physicians . . . I believe the vague language used in the ballot summary was intentional. It is meant to deceive the voters, even Catholic voters. It will provide a glidepath to abuse.”
NO PARENTAL CONSENT REQUIRED
“The language in the amendment is purposedly misleading as to suggest that it will provide healthcare for pregnant women – anyone can get behind that,” said Dr. Garcia Iguaran. “Of course, pregnant women need healthcare! But that is not what this amendment means or would provide. It would provide unlimited, unrestricted access to abortion, even for young girls, without their parents’ consent. Abortion is not improving anyone’s life, certainly not the baby’s, and not the mother’s.”
Amendment 4 calls for parental “notification” not the currently required “consent.”
“Simply notifying a parent does not mean consent is required, just that someone was notified,” Dr. Hannan said. “And the ballot summary provides no stringent criteria for notification as proof of identification as a parent.”
“This would make abortion the only medical procedure on a minor that does not require a parent’s consent in the state of Florida,” added Dr. Liebert. “And there are other dangers for girls. Traffickers and abusers will be able to much more easily coerce girls into abortions, since the parental consent requirement is removed with the passage of this amendment. This is a real issue. Even worse, with no doctor involved, it’s easier for an abuser to get someone, any loosely defined ‘healthcare provider,’ to say an abortion is needed.”
“This is insane,” said Dr. Garcia Iguaran. “Parental consent is required even for something as low risk as a vaccination!”
FLORIDA: ABORTION TOURISM STATE?
Under Amendment 4, since “viability” is undefined, abortion would be unrestricted, allowed up until birth. If passed, Amendment 4 would make Florida one of the most permissive pro-abortion states in the nation, turning Florida from a “family friendly” state into an “abortion tourism” state as other states restrict access to abortion.
Amendment 4 “vastly expands the right to abortion beyond anything Florida has ever done in the history of the State,” explains one of the dissenting Supreme Court opinions to allowing the amendment to appear on the ballot.
“I believe that most people are against unlimited abortion in Florida,” said Dr. Garcia Iguaran. “Even those who are in favor of abortion in certain cases, would be against this amendment if they realized that it allowed abortion without any restrictions whatsoever, allowing abortion up until birth.”
NO CHANCE OF LIMITING ABORTION IN THE FUTURE
The dissenting Florida Supreme Court opinion further states that the Amendment 4 ballot summary “doesn’t explain that the proposed amendment effectively eliminates the Legislature’s ability to pass laws in the future regulating abortion in any meaningful, substantive way.”
For Catholics, the evils of abortion are clear, stated in the Catechism. Current Florida law, which allows abortion under certain conditions and several exceptions, takes into consideration the life of a child in utero, as Justice Francis pointed out in her dissenting Supreme Court opinion, stating that “our Florida Constitution recognizes that ‘life’ is a ‘basic right’ for all natural persons. One must recognize the unborn’s competing right to life and the State’s moral duty to protect that life.” Amendment 4 will eliminate such consideration, or any “moral duty” of the State.
“I think this is less about the immorality of abortion but more about the extremes of this pro-abortion amendment that will be cemented into the Florida Constitution,” said Dr. Hannan. “The vast majority of those sympathetic to the idea of a woman’s right to an abortion, would still cringe at the idea of ending the life of a baby deep into the third trimester. And most would cringe at the idea that a medical procedure could be done on a minor without formal parental consent. These inevitable extremes are why Floridians should vote no on Amendment 4.”
FLORIDA DOCTORS RALLY AGAINST AMENDMENT 4: BAD FOR WOMEN, BAD FOR FLORIDA
A doctors’ advocacy group, Florida Physicians Against Amendment 4, is calling for all Floridians to vote no on Amendment 4, stating that it “removes common sense maternal health and safety regulations,” among other concerns. The group, supported by the American Association of Pro-Life Obstetricians and Gynecologists, has initiated a Declaration in Opposition to Amendment 4, calling it “overreaching, too permissive, and irresponsible,” and “bad for women, bad for Florida.” They are encouraging all physicians to sign the Declaration, which can be accessed online here: FPAA4: Florida Physicians Against Amendment 4
“The current Florida law has shown us that women who may be abortion-minded are coming in earlier to confirm their pregnancies with our free ultrasounds. We have an opportunity at that point to offer support, and options to them. Sometimes, they choose life,” said Dr. Liebert. “But if Amendment 4 passes, we’ll have no opportunity to save them.”
Where can I learn more?
For more information visit:
- Florida Conference of Catholic Bishops at https://www.flaccb.org/abortion-amendment
- Diocese of Venice Office of Respect Life at https://dioceseofvenice.org/offices/offices-departments/respect-life/amendment4/
- Vote No on 4 Florida at https://votenoon4florida.com/
Amendment 4 is an extreme proposal, essentially allowing abortion at any time for any reason, completely and dangerously unregulated. Since abortion is already legal in the state, with exceptions allowing access to abortion in a multitude of circumstances, this amendment to our state constitution is unnecessary, and has caused some confusion among Floridians. Further, the language of Amendment 4 is misleading, open to misinterpretation, and can be confusing in itself. The truth is, Amendment 4 is not what it seems, and it’s way too extreme, even for those who believe abortion should be legal in some circumstances.
Many are under the wrong general impression about Amendment 4, believing that it would simply restore Florida back to when Roe v. Wade was in effect. This is not true. The fact is that Amendment 4 goes dangerously beyond what was permitted in the Roe v. Wade ruling. It would eliminate important health and safety measures that protect women, remove parental consent for any minor seeking an abortion, and allow for abortion through the third trimester of pregnancy. Further, it would make our state one of the most pro-abortion states in the nation. Four strong reasons to vote NO on Amendment 4!
“For those who think abortion should be legal, it already is, in the state of Florida,” Espenscheid said. “The Heartbeat Protection Law is a reasonable law and restricts abortion but for those circumstances which we know most people – even some Catholics – feel should be considered. There is no need to expand the law and remove the commonsense protections for women, and minors, that are currently in place.”
Ever-living God, you give life and desire a future for all your children. Take hold of our nation, state, and community and awaken in every heart awe for the gift of life. Send your Spirit to strengthen us with wisdom and fortitude as we defend mothers and children in Florida from laws that disregard their health and safety.
In addition, the Florida Bishops assert that the amendment could also nullify current laws requiring parental consent before minors obtain abortions and a 24-hour waiting period prior to abortions, as well as the 15-week and 6-week abortion laws recently passed by the legislature.
To help educate the parishioners of the Diocese of Venice on this dangerous amendment, a series of ads (in both English and Spanish) have been created listing the facts regarding the proposed amendment.
The 40 Days for Life fall campaign concluded on Nov. 6, 2022, with local efforts taking place in Sarasota and Fort Myers. The campaign began Sept. 28 but was delayed locally due to the arrival and impacts of Hurricane Ian.
During a closing vigil Jericho Walk on Nov. 5, Owens led a group of about 30 prayer warriors to rally and continue the fight to end abortion beyond the 40 days. The group circled the abortion facility, led by a banner which read “Viva Christo Rey – By Thy Power May Peace Come,” seven times. At the conclusion a horn blasted as everyone shouted in prayer, just as God told the Israelites in Joshua 6: 4-5, “On the seventh day march around the city seven times, and have the priests blow the horns. When they give a long blast on the ram’s horns and you hear the sound of the horn, all the people shall shout aloud. The wall of the city will collapse, and the people shall attack straight ahead.”
A winter resident from New Jersey and seasonal member of St. Patrick Parish in Sarasota, Owens participated several times in the 40 Days for Life fall campaign in Sarasota. The Diocesan Respect Life Office has been coordinating the campaign since the first national fall campaign in 2007.
In a statement released after the Supreme Court ruling on June 24, 2022, Bishop Frank J. Dewane said: “Of course, legal protection must be accompanied by more care for mothers and their children. The Catholic Church, and the Diocese of Venice, stand ready to help mothers in need. Pregnant women are not alone.”
For decades, the Diocese of Venice has supported these Pregnancy Help Centers and will continue to do so. Our Mother’s House of Catholic Charities in Venice is one of the programs in the Diocese that supports single mothers and their children, providing not just housing and material needs, but valuable counseling and education.
“Many people still don’t understand Catholic teaching on abortion and the sanctity of human life,” Berdeaux said. “There are many resources available to help them learn the truth beginning with the Catechism of the Catholic Church and on our Diocesan website 
