November’s Second-Most-Important Election Is in Florida

I’ll never forget the first time I heard my oldest daughter’s heartbeat. My wife was experiencing trouble in the first three months of pregnancy, and we were worried she was miscarrying. We rode together to her doctor’s office, full of anxiety. And then, we heard the magical sound — the pulsing of our little girl’s tiny heart. We didn’t know if she would ultimately be OK, but there was one thing we knew: Our daughter was alive.

I’ve long supported so-called heartbeat laws. A well-drafted heartbeat law bans abortion after a heartbeat is detected, which typically occurs roughly six weeks into pregnancy. Whether you refer to that sound we heard all the way back in 1998 as a heartbeat or simply as a form of early cardiac activity, it sends the same message, that a separate human life is growing and developing in the mother’s womb.

The significance of that heartbeat is the reason I believe that the second-most-important election of 2024 is the Florida contest over Amendment 4, a ballot measure that would enshrine a right to abortion in the Florida Constitution.

The text of the amendment is broad: “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 health care provider.” And it is aimed straight at what I believe to be one of the most reasonable pro-life laws in the nation.

Florida’s Heartbeat Protection Act bans abortions if the gestational age of the fetus is over six weeks, but it also contains exceptions for pregnancies that are a result of rape, incest or human trafficking; for fatal fetal abnormality; and to preserve the life of the mother or “avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman.”

Properly interpreted (problems interpreting pro-life laws have tragically led to too many terrible incidents), this is not a law that leaves women vulnerable to dangerous pregnancy complications. It has elements that are necessary to assure doctors that they won’t be prosecuted if they provide life or health-saving care. In short, it represents a statutory effort to respect the lives and health of both mother and child.