Florida House members early Thursday morning passed a bill that would prohibit doctors from performing abortions after 15 weeks of pregnancy, one of the most hotly debated issues of the 2022 legislative session.
The Senate version passed earlier this month, making the bill closer to reaching Gov. Ron DeSantis' desk for approval.
The Republican-dominated House approved the measure (HB 5) in a 78-39 vote along almost straight party lines after nearly six hours of debate.
Rep. Rene Plasencia, R-Orlando, crossed party lines to vote against the measure, while Rep. James Bush, D-Miami, voted for it. Bush represents District 109, which includes parts of the city of Miami, Opa-locka, Miami Gardens, El Portal and Miami Shores, among others.
The at-times tense floor session also saw a group of protesters removed from the House gallery for chanting in opposition to the bill, which does not allow for exceptions in the case of rape or incest. The only exceptions would be if an abortion would save a woman's life or prevent physical impairments to the mother, or if two doctors certify in writing that a fetus has what the proposal calls a “fatal fetal abnormality.”
“As a woman it is my right to make decisions about my body and what is in the best interest of my family. God forbid your 11-year-old is raped and pregnant and you find out after 15 weeks. You don't get to get your daughter that abortion, that's what this law says,” said Rep. Robin Bartleman, a Democrat.
Planned Parenthood Action Fund slammed Florida lawmakers for passing the legislation “in the dead of night and without the public present.”
“This vote is disrespectful and cruel to all Floridians. Stripping people of the freedom to make the best medical decision for themselves and their families is wrong, and our elected representatives should know better,” Stephanie Fraim, president and CEO of Planned Parenthood of Southwest and Central Florida, said in a statement. “This isn't what the people of Florida want.”
Planned Parenthood Action Fund also said that the effects of the legislation “will fall hardest on Black and Latino Floridians,” who are “disproportionately more likely to have low incomes, live in rural areas and lack access to health care.”
The proposed 15-week limit on abortions resembles a Mississippi law that is under review by the U.S. Supreme Court – a case that is widely seen as a challenge to the landmark Roe v. Wade ruling on abortion rights.
Rep. Erin Grall, a Vero Beach Republican who is sponsoring the House bill, said Tuesday that the Supreme Court’s weighing of the Mississippi law was a factor in the decision to propose the 15-week restriction.
“There’s significant fetal development by the age of 15 weeks. But there is also a case in front of the U.S. Supreme Court, currently under consideration, at 15 weeks. And … working within that infrastructure of 15 weeks gives Florida its best opportunity to save a significant number of babies, very quickly, after the court’s decision,” Grall said.
Part of the debate on the bill Wednesday centered on arguments about stages of fetal development.
Rep. Kelly Skidmore, D-Boca Raton, disagreed with Republicans’ arguments that fetuses can feel pain at 15 weeks.
“I don’t believe a 15-week fetus can feel pain or anything else, because I believe the volume of experts who tell us that happens beyond 24 weeks gestation,” Skidmore said.
Several House Democrats also criticized the measure as unconstitutional.
“Every time unconstitutional bans are passed, they have been challenged in the courts. Legislating unpopular and unconstitutional bans on abortion is an irresponsible diversion from real life,” Rep. Yvonne Hinson, D-Gainesville, said, “because real life is reality, not some figment of your imagination of what perfect life might look like.”
Florida is the most recent conservative-led state, joining West Virginia and Arizona in advancing a 15-week abortion ban bill this session.