Missourians will vote on Amendment 3, or the Right to Reproductive Freedom Initiative, during the Nov. 5 election.
If approved by a majority of voters, the citizen-initiated ballot measure would amend the state constitution to provide the right for reproductive freedom, defined as “the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions.”
With the passage of the amendment, the state Legislature could then enact laws that regulate abortion after fetal viability, which is defined as the “point in pregnancy when in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.”
Missouri has had a ban on abortion since June 24, 2022, two days after the U.S. Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization that there is no federal constitutional right to abortion, overturning Roe v. Wade.
Under the Missouri law, called the Right to Life of the Unborn Child Act, abortion is banned except in the case of medical emergencies that threaten the mother’s life. Patients must undergo a 72-hour waiting period and receive counseling before having an abortion. The use of Medicaid or private health insurance is banned except for limited circumstances.
Missouri’s ban calls for health care providers who knowingly perform an abortion not deemed as an emergency to be charged with a class B felony, which means up to 15 years in prison, and to have his or her professional license suspended or revoked.
Amendment 3 is sponsored by the Missourians for Constitutional Freedom coalition and is backed by other groups, such as Abortion Action Missouri, American Civil Liberties Union of Missouri and Planned Parenthood.
“Right now, in Missouri, abortion is banned, patients are being turned away from emergency rooms, and doctor’s hands are tied by politicians,” said Mallory Schwarz, executive director for Abortion Action Missouri in a recent written statement. “This amendment is about making sure pregnant Missourians get the care they need without delay or restrictions.”
The Missouri Stands with Women campaign and Missouri Right to Life oppose the amendment.
“We are united in our efforts to ensure these out-of-state extremists are not allowed to tear the fabric of our constitution by placing unregulated, taxpayer-funded abortions up to the moment of birth, effectively overriding all Missouri’s pro-life laws,” said Stephanie Bell, a spokeswoman for Missouri Stands with Women in a recent written statement.
The official ballot language reads:
“Do you want to amend the Missouri Constitution to:
■ reestablish a right to make decisions about reproductive health care, including abortion and contraceptives, with any governmental interference of that right presumed invalid;
■ remove Missouri’s ban on abortion;
■ allow regulation of reproductive health care to improve or maintain the health of the patient;
■ require the government not to discriminate, in government programs, funding, and other activities, against persons providing or obtaining reproductive health care; and
■ allow abortion to be restricted or banned after Fetal Viability except to protect the life or health of the woman?
State governmental entities estimate no costs or savings, but unknown impact. Local governmental entities estimate costs of at least $51,000 annually in reduced tax revenues. Opponents estimate a potentially significant loss to state revenue.”