U.S. President Donald Trump with Florida Governor Ron DeSantis in Ochopee, Florida, U.S., July 1, 2025. REUTERS/Evelyn Hockstein/File Photo
In Florida, Judge Marlon Weiss expressed strong views in a surrogacy-related case that, according to the Tampa Bay Times, "could dramatically reshape reproductive issues" in the Sunshine State. And it has far-reaching implications that go way beyond the case itself.
The case involves a married couple, both men, who made an agreement with a Florida woman for her to carry their child. But when the due date was approaching, they made a petition for early parental rights. The order was granted, and Weiss, Tampa Bay Times reporter Romy Ellenbogen notes, "suggested in his order that surrogacy may be unconstitutional" — while Florida Attorney General James Uthmeier "is arguing that surrogacy is akin to slavery, saying it violates the 13th Amendment and should be deemed unconstitutional, according to a lawyer representing the family."
Ellenbogen stresses that the implications of this case are much broader than surrogacy.
"The questions raised by Weiss in his order could also have a chilling effect on Floridians' access to abortion," the Tampa Bay Times reporter explains. "Weiss' questions center around the idea of fetal personhood, a concept long supported by anti-abortion advocates. If a court were to deem that a fetus or embryo has the same constitutional rights as a newborn, that opens the door to arguments that a fetus' life can't be terminated."
Weiss is an appointee of Florida Gov. Ron DeSantis, while Uthmeier is a close ally of the MAGA governor and a vehement opponent of abortion.
Attorney Katie Jay is representing the fathers and is questioning Uthmeier's conduct.
In a letter to the court, according to Ellenbogen, Jay wrote, "It is election year for the Attorney General and he has signaled that surrogacy cases are valuable political fodder for his campaign. Unfortunately, this seems to have incentivized someone to breach the public trust of the independent judicial branch and use the Broward County Courthouse as a political playground to curry favor in Tallahassee."