The law signed by Governor Ron DeSantis in April will replace the previous legislation restricting the right to abortion until 24 weeks of pregnancy. The 15-week ban, which will go into effect on July 1, does not make exceptions for cases of incest or rape, and only allows abortions in case the life of the pregnant person is in danger or at risk of serious injuries, or if a fetal abnormality is detected.
The Congregation L’Dor Va-Dor of Boynton Beach argued in a lawsuit filed Tuesday in the Leon County Circuit Court that the Florida law violates Jewish teachings stating that abortion “is required if necessary to protect the health, mental or physical well-being of the woman.”
“For Jews, all life is precious and thus the decision to bring new life into the world is not taken lightly or determined by state fiat,” the lawsuit reads. “In Jewish law, abortion is necessary if required to protect the health, mental or physical well-being of the women or for many other reasons not permitted [by Florida’s law]. As such, the act prohibits Jewish women from practicing their faith free of government intrusion and this violates their privacy rights and religious freedom.”
The congregation added that the new law also violates the right to privacy guaranteed by Florida’s constitution. This is the second challenge levied against the bill, after Planned Parenthood and other reproductive health providers filed a lawsuit on June 1.
That lawsuit, also filed in the Leon County Circuit Court, said that the new law violates the right to privacy granted in Florida’s constitution, which extends to a person’s right to obtain an abortion. This same right to privacy was cited by Florida Supreme Court justices 33 years ago to overturn a state law requiring parental consent for abortion.
As the Florida Supreme Court hasn’t judged in a case involving abortion since then, that same right to privacy stands to protect abortion rights.
But abortion-rights activists are now concerned that the privacy right could be reinterpreted, as DeSantis seems keen on tightening restrictions on abortion rights in the state. The governor does not appear concerned about the two lawsuits the bill is now facing.
“Our office is confident that this law will ultimately withstand all legal challenges,” a spokesman for DeSantis said in an email to the Associated Press. The two lawsuits are considered likely to be treated as a single case, according to the AP.
A hearing is expected in the next two weeks, almost at the same time as the U.S. Supreme Court is expected to rule on a Mississippi abortion case that could overturn Roe v. Wade, the landmark case that has ensured the nationwide right to abortion in the United States since 1973.
