Less than a year after enacting a restrictive abortion law, Florida Republican lawmakers are stirring up controversy with a new proposal that would allow parents to file civil lawsuits for the wrongful death of an “unborn child.” The measure, approved by the House Civil Justice Subcommittee, is facing pushback from abortion providers and their allies who argue that it is another attempt to chip away at abortion rights.
The bill, sponsored by Jenna Persons-Mulicka, R-Fort Myers, and its Senate counterpart (SB 476) sponsored by Sen. Erin Grall, R-Vero Beach, seeks to add “unborn child” to existing laws that allow family members to seek damages for wrongful acts or negligence leading to a person’s death. While Persons-Mulicka insists that the bill is not about abortion, critics are skeptical, given the timing and the lawmakers involved.
Controversial Bill Draws Criticism Amid Ongoing Abortion Debate
The proposed legislation follows closely on the heels of a six-week abortion ban passed less than a year ago. Despite assurances from Persons-Mulicka that the bill is unrelated to abortion, concerns have been raised about the potential for unintended consequences, including men filing lawsuits over abortions. Rep. Ashley Gantt, D-Miami, expressed her apprehension about potential ambiguity in the bill’s language, particularly in its definition of “unborn child.”
Gantt, an attorney, proposed an amendment to exempt abortions from the changes to the wrongful-death law, citing the need to clarify the bill’s intentions. However, the House panel rejected the amendment. Under the proposed bill, mothers would be immune from lawsuits, but questions remain about the bill’s broader implications and its potential impact on reproductive rights.
Persons-Mulicka argued that Florida is among the few states lacking laws allowing wrongful-death claims for unborn children and emphasized that the bill is designed to provide parents with the ability to seek justice when an unborn child dies due to wrongful acts or negligence. However, critics point to the lack of clarity in the bill’s definition of “unborn child,” raising concerns about its potential misuse.
The debate also delves into the broader issue of personhood, with supporters of the bill, including organizations like the Christian Family Coalition and Florida Voices for the Unborn, applauding the effort to recognize the fundamental personhood of the unborn. John Labriola, founder and executive director of the Christian Family Coalition, sees the bill as a step toward acknowledging the rights of the unborn.
Opponents argue that the legislation is part of a broader strategy by Republican lawmakers to undermine abortion rights. Florida, like several other GOP-led states, has implemented stricter abortion restrictions following the U.S. Supreme Court’s 2022 decision to allow states greater autonomy in regulating abortion.
The bill’s approval by the Republican-controlled House panel in a 12-5 party-line vote underscores the divisive nature of the proposal. Critics, including Laura Goodhue, executive director of the Florida Alliance of Planned Parenthood Affiliates, maintain that adopting Gantt’s amendment to explicitly exclude abortions from the wrongful-death changes would provide a straightforward solution.
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As the legislation progresses through the legislative process, it remains intertwined with Florida’s ongoing legal battles over abortion restrictions, including the six-week abortion ban currently in limbo pending a state Supreme Court ruling. The outcome of these legislative and legal battles will undoubtedly shape the future of reproductive rights in Florida and contribute to the national discourse on abortion.