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Court to decide fate of privacy measure

Associated Press
Published August 27, 2004

TALLAHASSEE - The Florida Supreme Court said Thursday it will decide the fate of a ballot measure that could open the door to requiring that parents be notified when minors seek abortions.

If approved by voters in November, the proposal would carve out an exception to the privacy provision of the state Constitution. That would let state lawmakers write a law requiring parental notice.

Florida's high court has twice ruled that laws mandating parental involvement in teen abortions violate the privacy rights guaranteed in the state Constitution.

State lawmakers voted this spring to put a proposed amendment on the November ballot that voters will see summarized as saying lawmakers "shall not limit or deny the privacy rights guaranteed to minors" under the U.S. Constitution.

The Florida chapter of the American Civil Liberties Union and Planned Parenthood went to court this month asking that the measure be removed from the ballot. They say it is inaccurate and misleading because it does not explain that the state Constitution now gives Floridians greater privacy than does the federal Constitution.

A trial judge ruled against the groups and the 1st District Court of Appeal asked the high court to take the appeal.

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