Hi friends! I have a confession about today’s Draw Near to Me post. It was difficult to write. In fact, over the past couple of months I deleted many versions because I struggled with today’s content delivery. I knew the Holy Spirit was prompting me to write it, but I could not find peace with the end product. So, I waited for His timing.
Early one morning this week, I began writing. After praying, God revealed that I was troubled with my previous drafts because I felt stuck. I wanted to speak the truth gently, but the hard reality is that sometimes the truth itself is not gentle. It can come against our own wills and desires, whatever those are. For me, I did not want to sound preachy or possibly offend others, but by listening to those fears I limited what God wanted to do through me. So, let’s rip this Band-Aid off and dive in.
One of the most controversial amendments coming up on the ballot in Florida is Amendment 4. Many of us have seen the media coverage for or against it, but have we delved deeper to process what the amendment verbiage actually means. I admit that in the past I was a little mentally lazy about these things. I used to read about proposed amendments for the first time by looking at the little ballot descriptions on the fly while I was at the voting booth. I would either vote if it seemed clear or refrained to put in a response. However, these amendments require more time to truly discern the full ramifications of a vote.
Amendment 4 is as follows:
Amendment to Limit Government Interference with Abortion
“Limiting government interference with abortion. - Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”
(Note that the ballot summary does not include the portion that says, “Except as provided in Article X, Section 22.”)
The title itself is enough for people to make a snap judgement. Even if you are pro-life, there is something about the words “government interference” that does not always sit quite right in our hearts. You could title many things “Limiting Government Interference with _____” and a part of me would initially balk at it simply because I don’t like being told what to do, even if it made sense.
Wherever we are on the spectrum of how you feel about Amendment 4, it is important to know what we are truly voting for. Because amendments change our state constitution, it means that it is much more difficult to alter in the future. However we vote, there needs to be clarity.
Before it even arrived on the ballot, one of the contentious issues about Amendment 4 was the vague nature in which it was written. Often when we intentionally fail to clearly communicate where we stand or what our words mean, it serves the purpose of providing a loophole for accountability. There is more room for interpretation because a certain standard was never created.
Within Amendment 4 there are many critical points that remain vague. For instance, do we know how viability is defined? What is meant when it says healthcare provider? What is considered health?
Before we contemplate this any further, let’s have a quick refresher about terminology that will be used. During pregnancy, human development is referred to in stages. Prior to week 5 of pregnancy the fertilized egg is called a zygote, and this rapidly divides to become a blastocyst. Between 5 weeks and delivery, there are two stages. The first is the embryonic stage, defined as weeks 5 to 10 of pregnancy, followed by the fetal stage that starts at week 11 and goes until delivery. As such, the medical nomenclature refers to the developing human as a zygote, blastocyst, embryo, or fetus. Now let’s look at the first question.
How is viability defined? Again, it is not clearly stated in Amendment 4. According to babycenter.com, fetal viability begins around 24 weeks of pregnancy; however, some doctors consider viability at 22 to 23 weeks. What does this look like in terms of human development? Since there is flexibility in what age is termed as “viable”, let’s consider an earlier time.
Although it marks the halfway point of pregnancy, week 20 falls in the range of when the fetus is not likely to be considered “viable”. Information gathered from websites describing week by week pregnancy progression, such as thebump.com, indicates that the fetus is the size of a banana at this point. More specifically, it is around 6.5 to 8 inches long and 10.2 ounces in weight. It may be sucking its thumb, is developing a sleep/wake cycle, and even the fingerprints are starting to take shape on its fingers that were already formed at 9 weeks. Many women have already felt its movements inside of them well before week 20.
Examination of what is occurring even during early portions of the embryonic stage, which is defined as weeks 5 to 10 of pregnancy, will reveal that there is a heartbeat around week 6-7. Additionally, the brain and heart are becoming even more complex at week 7. In fact, approximately 100 cells per minute are generated in the brain. At this point the formation of essential organs has commenced, and facial features are developing.
Again, note two things about this portion of Amendment 4. First, it does not clearly define “viability”, allowing a broad range for interpretation. It could be argued that the fetus is not viable all the way up to the 24th week of pregnancy. The second is also important to pay attention to. Up to whatever they determine is “viability,” there are absolutely no restrictions on what circumstances makes abortion allowable. It may have nothing to do with healthcare. It is wide open.
The second portion of that sentence in Amendment 4 indicates that an abortion is legal “when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” There is no gestational age limit on this portion. It means that abortion is open until the point of birth.
Media coverage in favor of Amendment 4 will speak of how this aspect is determined by the patient’s doctor. But wait, does it clearly say doctor in the proposed amendment? No. It says, “healthcare provider.”
Well, who provides healthcare? If you go to a nurse, does that person provide healthcare? Does a physical therapist? What about a chiropractor? What about a psychologist? Surely, we all talk about our mental health, is that not healthcare? That raises another issue of what is determined as “health”? Does that include mental as well as physical health?
We may think it is ridiculous to say a therapist could clear us for a late term abortion. It could be argued that is not what Amendment 4 means when it refers to a “healthcare provider.” That is a fair objection, yet it should prompt us to ask ourselves why the amendment does not specifically say “doctor,” define who falls under the title “health care provider,” or clarify what is considered as “health.” As it stands now, those aspects are open to interpretation.
An article in the Pensacola News Journal tried to explain Amendment 4. It indicated that the Florida Statutes Section 381.026 defined a “healthcare provider” as a physician, osteopathic physician, podiatric physician, or an advanced practice nurse. Although it acknowledged that the term “health” did not have a formal definition, it proceeded to suggest that the description of an “emergency medical condition” could be used in its place. The reality is that “health” was never defined and we cannot conclusively give it a meaning in reference to Amendment 4.
I do not claim to be a lawyer, judge, or someone who entirely understands the nuances of the law, but I did notice something about Amendment 4. It clearly referred to Article X, Section 22, which is the portion about minors which it upholds. It makes me wonder why it does not then also reference Florida Statutes Section 381.026 to clearly define a “healthcare provider” or refer to a statute to define viability. Likewise, why not define “health” if there is no statute to refer to? Perhaps the inclusion of all that content would be confusing on a ballot summary, but certainly in the written amendment there is room for more specificity.
The final thing to consider about Amendment 4 is the last portion. It sounds appealing since it states that it “does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.” On the actual amendment (not the ballot summary) this is where the reference to Article X, Section 22 comes into play. While it indicates the requirement for parental notification of a minor having an abortion, please be aware of what it lacks. This amendment makes no statement about the need for parental consent.
Wherever you are on this issue, my desire is for you to know what you are really supporting. A “yes” means you are supporting all of the above. A “no” does not mean you are against women’s health care, as it is currently being portrayed. A “no” voices your disagreement with any of the above (including the overall vagueness) to become enshrined in the Florida constitution.
Right now, there is a mentality that people that are “for” a ban against abortion are “against” women’s rights, health care, or freedom. That depiction is incorrect. What we are for is simply the life that is within. We can call it by its medical terminology, zygote, blastocyst, embryo, or fetus to be neutral or to emotionally distance ourselves, but in the end, we are talking about a baby. Obviously, it is not fully developed in the womb, but if we are honest, once they are born, they are far from complete. Their brains, digestive systems, immunity etc. are still maturing. That is one of the joys of parenthood is to see our children as they continue to grow.
Our pastor once said something along the lines of how the womb is one of the most vulnerable places for a baby to be. To think about that really gave me pause. How could that be? If we simply look at how God created us, or perhaps you just want to look at the biology, the pregnancy process is full of protective mechanisms, even from the very start. In fact, it is fascinating if you look at it.
Did you know that when the egg is released from the follicle in the ovary there is a transformation. The follicle becomes the corpus luteum that is a transient endocrine structure. One of its roles is to produce high levels of progesterone. The purpose is to begin to prepare the lining of the uterus to be a receptive and hospitable place for the blastocyst, which developed from the fertilized egg, to implant. In that way, it is like it has become a protector of the very egg that it held for so long, but now from farther away.
Following implantation, human chorionic gonadotropin (hCG) begins to be produced. This is what is detected in pregnancy tests, but its biological role is even more important. It creates a feedback loop to communicate to the ovary to keep the corpus luteum structure in place. As a result, it continues generating progesterone to maintain an optimal uterine environment. The corpus luteum sustains this provision until the placenta, an entirely new organ, forms and takes over that role. After that point, the corpus luteum will then disappear. How beautifully coordinated is that?
There are numerous changes during pregnancy. As previously stated, a new organ, the placenta, is created to support the growing fetus. Regions in our brain associated with empathy and social cognition are altered. Adaptations in our immune system are made to avoid a harmful response to the fetus. Hormonal changes soften our ligaments for expansion in our bodies to accommodate the fetus, allow for the needed increased blood volume, prevent early contractions, and prepare our bodies for delivery. These are just a few of the changes that occur, all of which support the fetus.
Whether we use medical terminology such as zygote, blastocyst, embryo, or fetus, or we simply call it a baby, the reality and biological truth is that there is a vast number of coordinated protective mechanisms in place for it. It was never insignificant. Our bodies fight for it, so why don’t we?
God has clearly laid out that He has known us, even when we were unformed. He has known us in our mother’s womb. We have always been seen by Him from the beginning. We were always something in His eyes, at every stage of development.
As I finished the editing process of this post, I asked God to give me confirmation that this truly was what He wanted me to share. I kid you not, a few minutes later I looked at my devotional for the day and saw Psalm 139:13-14.
For you created my inmost being; you knit me together in my mother’s womb. I praise you because I am fearfully and wonderfully made; your works are wonderful, I know that full well. Psalm 139:13-14 (NIV)
God’s heart is for the unborn. Are our hearts aligned with His? With all the confusion around us, may He give us clarity in the chaos.
Thank you for taking the time to go through what we all know is a very polarizing topic. I appreciate the grace. If you enjoyed this post, please share it with others. Thank you and have a great day!
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Pensacola News Journal article:
Not sure how to vote on Florida's Amendment 4? We break the abortion measure down
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