We, the undersigned attorneys of Lee and Collier counties urge the citizens of our counties, and those throughout the state, to vote “No” on Amendment 4. As attorneys, we feel it is incumbent on us to point out hidden effects of Amendment 4 that might not be obvious to the general public.
Amendment 4 is a misleading measure designed to do much more than return abortion laws to those permitted under Roe v. Wade. Amendment 4 would eliminate every common-sense measure passed by the Florida Legislature, from requiring parental consent before a minor’s abortion, to restrictions on taxpayer funding of abortions. Because of its vagueness, many of the ramifications of Amendment 4 would likely only be determined through litigation. Amendment 4 would not eliminate all government involvement in the abortion issue. It would in fact shift the debate and decision-making from elected representatives in the Legislature and into the hands of judges in courtrooms.
Language is extremely important in the law. Precise terms with proper definitions can save people from lawsuits. There is nothing precise about Amendment 4. It lacks many essential definitions, such as the “patient’s health,” who qualifies as a “healthcare provider,” and especially, when “viability” occurs. Advocates of Amendment 4 say that existing statutes already provide such definitions. However, it is the nature of a constitutional amendment to override existing laws. If an existing definition were to be found to “delay or restrict abortion,” it is likely that it will be held invalid under Amendment 4. The drafters of the proposed amendment wrote it this way on purpose. The lack of definitions in the amendment itself would inevitably lead to lawsuits and allow courts to ultimately determine the meaning of the amendment’s language. The final result may be very different from what voters intend.