Floridians have the 'right to be let alone and free from governmental intrusion' into their private lives. Turns out, these broad privacy rights also protect the right to an abortion.
In 1989, not long after Florida adopted the privacy right, the Florida Supreme Court decidedThere, the court applied the privacy right to strike down a parental consent statute that required parents of minors seeking an abortion to consent to the procedure unless the minor was granted a waiver by a judge. The court determined that “the amendment embraces more privacy interests, and extends more protection to the individual in those interests, than does the federal Constitution.
, the court struck down a parental notice statute requiring physicians to notify the parents when a minor seeks an abortion. This is where history subsequent to the privacy right’s adoption becomes important. Responding to thedecision, the Legislature placed a proposed constitutional amendment on the 2004 ballot that would overrule the decision. The electorate
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