Missouri voters will soon be deciding whether to reverse abortion rights voters passed two years ago.
Missouri Amendment 3, Prohibit Abortion and Gender Transition Procedures for Minors Amendment, aims to repeal the Right to Reproductive Freedom Initiative ballot measure, which was approved in the November 2024 election. The measure passed with 51.6 percent “yes” votes to 48.4 percent “no” votes. The initiative added a fundamental right to reproductive freedom, defined to include abortion and “all matters relating to reproductive health care,” to the Missouri Constitution, among other provisions.
If Amendment 3 is passed, the existing law would be reversed and most abortions would be once again banned in Missouri, leaving exceptions only for medical emergencies, fetal anomaly and cases of rape or incest. In cases of rape or incest, abortion would only be legal during the first 12 weeks of pregnancy. Amendment 3 would require parental or guardian consent for minors seeking an abortion, which is already required by current Missouri law. It would also provide for the ability of a woman to access healthcare in cases of miscarriage and ectopic pregnancy.
Currently, abortion is legal in Missouri up to the point of fetal viability, which is defined in Missouri law as “that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems.”
A “yes” vote on Amendment 3 supports reversing widespread access to abortion in Missouri.
A “no” vote on Amendment 3 supports leaving widespread abortion access in Missouri in place.
The ballot language for Amendment 3 reads:
“Shall the Missouri Constitution be amended to: Repeal the 2024 voter-approved Amendment providing reproductive healthcare rights, including abortion through fetal viability; allow abortions for rape and incest (under 12 weeks’ gestation), emergencies and fetal anomalies; allow legislation regulating abortion; ensure parental consent for minors’ abortions; prohibit gender transition procedures for minors?”
Gender transitions for minors
The Amendment 3 ballot language states the measure would also prohibit gender transition procedures for minors. However, gender-affirming care for minors is already illegal under statutory law Missouri. State Bill 49, also called the “Missouri Save Adolescents from Experimentation (SAFE) Act,” was signed into law by Gov. Mike Parson and went into effect on Aug. 28, 2023.
The SAFE Act prohibits healthcare providers from performing gender-transition surgeries on minors or prescribing cross-sex hormones or puberty-blocking drugs to minors. It prohibits Medicaid coverage of gender-affirming care for all ages. Under the law, a healthcare provider’s license could be revoked if they prescribe gender-affirming drugs.
Support verses opposition
Some proponents of Amendment 3 say they believe the passage of the Right to Reproductive Freedom Initiative was too close to call and voters should have another chance to make their voices heard on the issue.
Jamie Morris, executive director of the Missouri Catholic Conference, told the weekly newspaper of the Archdiocese of St. Louis, the “St. Louis Review,” “With how close that vote was, I don’t believe the average Missouri resident is comfortable with abortion with no regulations. This is a way to craft policy more protective of mom and baby and represents the view of most Missourians better than Amendment 3.”
Supporters of the amendment include the Republican Party of Missouri, the Missouri Catholic Conference, Missouri Right to Life, Sen. Josh Hawley and Gov. Mike Kehoe.
Critics of Amendment 3 say Missourians already voted to approve reproductive freedom and that approval should stand.
Margot Riphagen, president and CEO of Planned Parenthood Great Rivers Action, told ACLU Missouri, “The majority of Missourians want to make their own decisions about health care without interference from prying politicians, and they made this abundantly clear at the ballot box in November. We will not stand for more political games at the expense of the thousands of patients in Missouri who could finally access care they need without crossing state lines. Missouri voters will once again send a clear message that enough is enough.”
Critics also say the inclusion of the already-illegal gender transitions for minors is misleading “ballot candy,” which is the pairing of a popular idea with a more controversial one in a ballot measure as a way to win over voters.
Perhaps unexpectedly, some opposition to Amendment 3 comes from anti-abortion conservatives who believe it should be defeated because it is not restrictive enough due to its exceptions for medical emergencies, fetal anomaly and cases of rape or incest.
“It rejects the concept of absolute right and wrong, absolute truth,” said Wes Scroggins, executive director of Abolish Abortion Missouri during an appearance on Springfield-area radio station KSGF 104.1-FM. “It’s basically operating on a utilitarian, really a utilitarian world view that argues that under certain circumstances, under certain situations, it’s OK to do what God forbids if it leads to a greater good.”
Opposition for the amendment includes the ACLU of Missouri, League of Women Voters of Missouri, Planned Parenthood Great Rivers Action, The Fairness Project, Act for Missouri and the Constitution Party of Missouri.
