Abortion rights advocates have initiated legal action to prevent a proposed Republican ballot measure in Missouri that aims to ask voters about the legality of abortion in the state once again. The American Civil Liberties Union (ACLU), in conjunction with the Stinson law firm, filed the lawsuit on Wednesday in Cole County Circuit Court, claiming that Secretary of State Denny Hoskins certified misleading ballot language for a statewide initiative intended to overturn existing voter-approved protections for reproductive rights.
According to the ACLU, the approved language does not adequately inform voters that a “yes” vote would strip away women’s reproductive freedoms and eliminate key constitutional protections related to prenatal care, childbirth, postpartum care, and birth control. Furthermore, the initiative would remove safeguards for physicians who conduct abortions.
Tori Schafer, the director of policy and campaigns for the ACLU of Missouri, emphasized that this push by politicians ignores the will of the people, citing the previous election where nearly 52% of voters supported Amendment 3, which safeguards abortion rights up to the point of fetal viability.
The Republican initiative is a direct response to the approval of Amendment 3, with GOP lawmakers arguing that the prior measure exceeded voters’ expectations and was influenced by external funding. The initiative faced opposition from Democrats in the Senate, delaying its passage until a procedural move allowed Republicans to circumvent debate and secure a vote by a margin of 21-11.
This proposed constitutional amendment would allow access to abortion in cases of rape and incest up to 12 weeks of pregnancy, as well as in medical emergencies and for fetal anomalies. Additionally, it seeks to include provisions that would place a ban on gender-affirming hormone therapy, puberty blockers, and surgical transition for minors within the state’s constitution.
The current Republican plan, despite providing some exceptions for rape and incest, marks a stark contrast to Missouri’s previous abortion ban that provided no such allowances. Following the U.S. Supreme Court’s decision to overturn Roe v. Wade on June 24, 2022, there has been ongoing legal contention regarding abortion access in Missouri.
The lawsuit, aside from challenging the integrity of the ballot language, argues that the proposed initiative breaches the state’s single subject clause by merging transgender issues with abortion legislation. The ACLU seeks a court ruling to either declare the ballot language inadequate or to render the initiative unconstitutional, thereby preventing it from advancing further.
While the legal landscape surrounding abortion remains contentious, the ongoing dialogue reflects the complexities of reproductive rights in Missouri and the significant legislative and public input at play. This situation underscores the importance of clarity in ballot measures and the need to uphold the will of the voters expressed in previous elections.