Case: Generation to Generation, Inc. v. Florida

37 2022 CA 000980 | Florida state trial court

Filed Date: June 10, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 10, 2022, Generation to Generation, a South Florida synagogue, filed this lawsuit in the Second Circuit of the State of Florida in and for Leon County, Florida. Plaintiff sued the state of Florida on state constitutional claims to challenge HB 5, a state law criminalizing the provision of abortion care after fifteen weeks from an individual's last menstrual period. The complaint alleged that this ban on pre-viability abortions violated the Florida Constitution's rights to privacy, relig…

On June 10, 2022, Generation to Generation, a South Florida synagogue, filed this lawsuit in the Second Circuit of the State of Florida in and for Leon County, Florida. Plaintiff sued the state of Florida on state constitutional claims to challenge HB 5, a state law criminalizing the provision of abortion care after fifteen weeks from an individual's last menstrual period. The complaint alleged that this ban on pre-viability abortions violated the Florida Constitution's rights to privacy, religious freedom and separation of church and state, due process and equal protection. The synagogue argued that in Jewish law, "abortion is required if necessary to protect the health, mental or physical well-being of the woman." Plaintiff sought declaratory judgment as well as temporary and permanent injunctive relief.

On June 16, 2022, plaintiff filed an emergency motion for temporary injunctive relief and for declaratory judgment declaring HB 5 invalid, unconstitutional, and unenforceable. That same day, plaintiff also filed an amended complaint, which added Florida's Religious Freedom Restoration Act as a fifth count. Additionally, on that day, plaintiff filed an emergency motion to consolidate this case with Planned Parenthood of Southwest & Central Florida v. Florida, a lawsuit filed by Planned Parenthood on June 1, 2022, challenging HB 5 as a violation of Florida's constitutional right to privacy. 

The next day, Judge Layne Smith denied the motion to consolidate, calling it premature and unfair to the Planned Parenthood parties who already had a hearing scheduled regarding their motion for a temporary injunction. Following the Planned Parenthood hearing, the judge in that case, Judge John Cooper preliminarily enjoined HB 5 on July 5.

The case is ongoing.

Summary Authors

Michelle Wolk (8/8/2022)

Related Cases

Planned Parenthood of Southwest & Central Florida v. Florida, Florida state trial court (2022)

People


Judge(s)

Smith, Layne (Florida)

Judge(s)

Smith, Layne (Florida)

Documents in the Clearinghouse

Document

37 2022 CA 000980

Docket

Generation to Generation, Inc. v. State of Florida

June 17, 2022

June 17, 2022

Docket

37 2022 CA 000980

Complaint for Declaratory Relief and for Temporary and Permanent Injunction Declaring House Bill 5, Invalid Unconstitutional and Unenforceable

Generation to Generation, Inc. v. State of Florida

June 10, 2022

June 10, 2022

Complaint

Docket

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: June 10, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A South Florida synagogue

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Time-based abortion prohibition

Undue Burden

General:

Abortion

Religious programs / policies

Discrimination-basis:

Religion discrimination

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

Reproductive health care (including birth control, abortion, and others)