ST. LOUIS — Missouri voters weighed in on several statewide issues in the Nov. 5 election, but it was Amendment 3 that garnered the most attention nationwide. Voters said “yes” to reversing the state’s abortion ban, the AP projected Tuesday night.
Missouri was one of nine states to include an abortion rights measure on the 2024 general election ballot.
Amendment 3, the Right to Reproductive Freedom Initiative, legalizes abortion and reverses Missouri’s strict abortion ban that went into effect after Roe v. Wade was overturned by the U.S. Supreme Court. It prevents the government from restricting a person’s right to make and carry out decisions related to reproductive health care. However, the amendment allows the government to regulate abortion after “fetal viability” – the point in a pregnancy when the fetus would be likely to survive outside of the uterus without extraordinary medical measures, or about 24 weeks -- so long as it does not interfere or restrict abortion in the event it’s determined to be necessary to protect the life or health of the pregnant person.
Despite political signs that have claimed the amendment would allow tax-paid ender-affirming surgeries and gender-transition care for kids, 5 On Your Side Political Analyst Anita Manion said there’s nothing in the amendment that indicates that.
"Missouri has legislation that has a ban on gender-affirming care for minors, so even if that were part of this legislation, then there would be a conflict there," Manion said.
The amendment to the state constitution will take effect 30 days after the election, Dec. 5. But just as the amendment faced legal challenges before making it onto the Nov. 5 ballot, it will likely face legal challenges after passing.
Less than 24 hours after Election Night, Missouri's Planned Parenthood and the ACLU filed a lawsuit.
"Missouri lawmakers enacted burdensome targeted restrictions on abortion providers, known as TRAP laws, making abortion access in Missouri nearly impossible," said Richard Muniz, interim President and CEO of Planned Parenthood Great Rivers.
TRAP laws stand for 'targeted regulation of abortion providers'.
The Missouri amendment does not specifically override any state laws. Instead, the measure left it to advocates to ask courts to knock down bans that they believe would now be unconstitutional.
Marcia McCormick, Saint Louis University Professor of Law and Women's and Gender Studies, said, "When an amendment like this passes, the laws on the books don't really get erased. But clearly some of them are inconsistent with the new amendment."
Planned Parenthood leaders said Wednesday on a Zoom call with reporters that they want to start offering abortions at clinics in Columbia, Kansas City and St. Louis if they get the judicial ruling they're requesting — starting with blocking enforcement of laws on the book.
The preliminary injunction's goal is to provide care on December 5th.
"That is what we're asking the court to do is to block all the laws that stand in the way of us opening our doors for abortion access in Missouri again," Muniz added. "We are fully preparing and eager to provide abortion services once the amendment takes effect."
Missouri Republican Attorney General Andrew Bailey claims he'll respect the will of the voters.
He said, "Absolutely, look I took an oath to protect and defend the constitution, even policy positions that I personally disagree with."
However, Senator Tracy McCreery, a supporter of Amendment 3, suspects pushback.
"I expect legislative session, that there'll be all kinds of shenanigans, there are going to be politicians that are just gonna thumb their noses at the voters and say that they are not being respectful of their vote," McCreery shared.
Missouri Rep. Brian Seitz (R-156) has already announced in a post to X that he plans to file two pieces of proposed anti-abortion legislation.
Samuel Lee, Director of Campaign Life and long time lobbyist said the work is already starting to end Amendment 3.
"We've already gotten requests from legislators to help draft alternative proposals, a joint resolution. Joint resolutions are proposed constitutional amendments that go through the legislature," Lee said. "If necessary, we'd get our own initiative petition and ask voters to sign that."
State Sen. Mary Elizabeth Coleman, R-Arnold, was among the anti-abortion activists who sued to keep Amendment 3 off the ballot. She foreshadowed a long road of challenges ahead when she spoke to the Missouri Independent back in September.
“This is not the end all be all,” Coleman told the Missouri Independent. “And I think you will see efforts, win or lose, for Missourians to get another say in this.”
“We mourn the lives that will be lost under Amendment 3,” said Susan B. Anthony, Pro-Life Director of State Affairs Sue Liebel, in a news release Tuesday night. The SBA called the results "disappointing" and said it would make Missouri "far less free."
Reactions
Missourians for Constitutional Freedom said:
“Today, Missourians made history and sent a clear message: decisions around pregnancy, including abortion, birth control, and miscarriage care are personal and private and should be left up to patients and their families, not politicians. By passing Amendment 3, Missourians have put the power to make personal health care decisions back where it belongs — in the hands of Missourians, their families, and their health care providers. I am incredibly proud of the tireless work from our coalition and grassroots supporters who made this day possible. This win is proof that Missourians are ready for a future where everyone has access to the health care they need," Rachel Sweet, Campaign Manager for Missourians for Constitutional Freedom.
Abortion Action Missouri, Action STL, Planned Parenthood Great Plains Votes, Planned Parenthood Great Rivers Action, The Fairness Project and the ACLU of Missouri and several others released statements following the passing of Amendment 3.
Tori Schafer, Director of Policy and Campaigns, ACLU of Missouri, said:
“The Show-Me State proved to the country that reproductive decisions belong to the people, not politicians. Folks from many backgrounds joined our grassroots coalition with the common goal of uniting together to protect the fundamental right to reproductive freedom in our state. Together, we weathered the oppressive tactics of out-of-touch politicians, overcame attempts to run out the clock that left us up against nearly impossible deadlines, and won time and time again in court to ensure Missourians would get to vote on Amendment 3 at the ballot box. Today’s win is a victory for all Missourians and a crucial step in the path to restoring meaningful access to abortion care," Schafer said.
In opposition, Missouri Stands with Women released the following statement:
“This is not the result we wanted but despite being outspent by millions of dollars life won in the majority of Missouri counties. Our work to protect the safety of women and the dignity of life continues. Life supporters will not sit back and watch as Big Abortion works to dismantle all the health and safety protections put in place to protect women and babies. We will continue to fight and ultimately be victorious against the forces who see no value in life,” said Stephanie Bell with Missouri Stands with Women.