The right to decide without government interference whether and when to have children does not seem at all controversial when pregnancy prevention is the issue. However, when there is a "potential life" at stake, the relationship between the right to decide and the right of the government to intrude becomes far more emotional and complex. Part II of this Article discusses the protections afforded women seeking an abortion under the U.S. Constitution, while Part III examines protections under the Florida Constitution. Part IV provides a constitutional analysis of the three bills restricting abortion that were considered by the 1997 Florida Legislature, most significantly The Woman's-Right-To-Know Act. Finally, Part V concludes that the restrictions in place prior to the passage of The Woman's-Right-To-Know Act maintained an appropriate balance between the pregnant woman's life and health and the life and health of the fetus.
Full Text of Article
Back to the Law Review home page