St. Petersburg Times Online: Business

Weather | Sports | Forums | Comics | Classifieds | Calendar | Movies

Abortion notice proposal goes to ballot

However, the Florida Supreme Court says the entire text of the amendment must be presented to voters.

Associated Press
Published September 3, 2004

TALLAHASSEE - A proposed constitutional amendment that would open the door to a law requiring that parents be told when their minor daughters seek abortions can go on the November ballot, the state Supreme Court ruled Thursday.

But Florida's high court rejected the ballot summary and said the text of the amendment itself must be put before voters.

Planned Parenthood and the American Civil Liberties Union went to court in an effort to get the proposal stricken from the ballot. They argued that the ballot summary was inaccurate and deceptive because it said the privacy rights of teens would be protected when, in fact, those rights would be restricted if the amendment passes.

A trial judge last month refused to remove the measure from the ballot. The appeal went to the state Supreme Court.

The order issued Thursday was unanimous and the court said an opinion would be issued later.

If approved by voters, the proposed change to the Florida Constitution would carve out an exception to the document's privacy provision and let lawmakers write a law requiring parental notice before minors can obtain abortions.

The Florida Supreme Court has twice ruled that laws mandating parental involvement in teen abortions violate the privacy rights guaranteed in the state Constitution. The most recent ruling was a year ago.

State lawmakers put the proposed constitutional amendment on the ballot to trump the 2003 decision.

Supporters have argued that the measure is needed to restore the rights of parents to be involved in their children's lives.

Opponents say a parental notice law will interject the government into the most intimate family relationships and could endanger girls who are afraid to tell their parents they are pregnant, including girls who are the victims of incest.

Larry Spalding, a Tallahassee attorney for the ACLU, said it appeared the justices agreed with critics that the ballot summary didn't adequately describe the impact of the constitutional change.

But since the text of the change will go before voters, opponents will have to wage a campaign to tell voters why the amendment is a bad idea, Spalding said.

"Communication between children and parents is a good thing but this does not address the dysfunctional family and the end result will be more harm," he said.

Sheila Hopkins, who monitors social issues for the Florida Catholic Conference, said supporters are pleased with Thursday's order and predicted voters would be even more likely to approve the amendment after reading the actual text.

"This will give parents the opportunity to have their voices heard," she said.

© Copyright, St. Petersburg Times. All rights reserved.