If Roe v. Wade falls, we know what will happen. Florida women will suffer
The U.S. Supreme Court’s potential reversal of Row v. Wade and the constitutional right to an abortion is a rude awakening.
The rights we assumed were ingrained in the fabric of our country are in peril, and not just on abortion. What was once considered settled could be upended by efforts, decades in the making, to put our court system under conservative ideological control.
Florida — where cultural wars are launched these days — is ground zero for a Republican experiment to reshape the nation.
President Donald Trump shaped federal courts by appointing judges who he promised would be “pro-life.” Likewise, Gov. Ron DeSantis will have the power to nominate his fourth Florida Supreme Court justice — there are seven — after the retirement of Justice Alan Lawson in August. And that could put in jeopardy a 1989 state ruling that abortion rights are protected by a 1980 amendment to the Florida constitution guaranteeing a right
to privacy.
GAY RIGHTS NEXT?
This tight conservative grip on the judicial system could have ramifications beyond abortion. It is downright scary.
Those who thought the U.S. Supreme Court’s 2015 marriage equality ruling ended the fight for gay marriage should think again.
Florida lawmakers showed their bigotry when they banned classroom discussions on gender identity and sexual orientation in grades K-3 or when it’s not “age appropriate.” Comments by Republicans revealed even more. Miami Sen. Ileana Garcia said being LGBTQ is “not a permanent thing.” The bill sponsor called being gay a “trend” among teens.
Who’s to say DeSantis won’t use curtailing gay rights as a springboard for his assumed presidential run?
President Joe Biden, in remarks to reporters on Tuesday, hinted that’s not such a far-fetched possibility if Roe v. Wade is thrown out.
“Does this mean that in Florida they can decide they’re going to pass a law saying that same sex marriage is not permissible, it’s against the law in Florida?” Biden said. “It’s a fundamental shift in American jurisprudence.”
MOVING BACKWARDS
The Roe v. Wade ruling was based on the right to privacy implicit in the 14th Amendment. The draft opinion signed by Justice Samuel Alito calls that 1973 ruling erroneous, adding “that provision has been held to guarantee some rights that are not mentioned in the Constitution.” The leaked draft was obtained by POLITICO and won’t necessarily be the justices’ final decision.
The same privacy standard was used in other landmarks cases, including the right to access contraception, which Alito wrote would be safe because it’s “rooted in history.” But when a nearly 50-year ruling like Roe v. Wade is on the verge of repeal, is anything really safe? The principle also was used in marriage equality in 2015 and a 2003 ruling that ended state bans on sexual conduct by people of the same sex, the Herald reported.
The leak of the justices’ draft stems from their preparation to rule on a Mississippi case, where the state banned most abortions after 15 weeks. DeSantis signed a similar ban that doesn’t make exceptions for rape, incest or human trafficking. The law means some women will be
forced to give birth after already enduring horrific experiences. And Republicans lawmakers made it clear that it was only the beginning of pushing back abortion rights in Florida.
If the landmark ruling is overturned, abortion access will likely or certainly disappear in 26 states, according to an analysis by the pro-abortion rights Guttmacher Institute. That would institute an apartheid in which women’s rights are determined by the state in which they live. Those with means will pay to travel to liberal states for a procedure. Low-income and women of color would bear the brunt of this wholesale turning
back of the clock.
If there’s an opportunity to set us backward 20, 30, 50 years, we expect Florida will jump at it. The state has advanced an agenda that appeases white resentment and homophobia. Another law DeSantis signed this year restricts discussions about racism and sexism in classrooms and during workplace diversity training.
This is the “Make America Great Again” party in action. Apparently that means going back to a time when gay people hid in the closet and women resorted to dangerous, backalley procedures to keep control
of their own bodies.