51黑料

JEFFERSON CITY 鈥� When Missouri voters head to the ballot box next year, they will decide whether to reimpose an abortion ban and strike down last year鈥檚 historic vote that enshrined a right to the procedure in the state constitution.

But the question that voters will see, called Amendment 3, makes no mention of banning abortion or the fact that it would strike down last November鈥檚 vote.

Critics who spoke with The Star, as well as a lawsuit that seeks to block the measure from the ballot, argue the language is misleading and written in a way to entice voters. Republicans, who control both chambers of the General Assembly, placed the measure on the ballot as abortion rights remain popular 鈥� even in conservative states such as Missouri.

鈥淚 don鈥檛 know why, unless you鈥檙e trying to confuse people, you write it this way,鈥� said Mary Ziegler, a law professor at the University of California-Davis who closely follows legal fights over abortion access. 鈥淚 think, from the standpoint of a lot of Republican lawmakers, protecting the unborn is more important than being honest with voters.鈥�

Supporters of the measure, including abortion opponents and Republican lawmakers, push back on the idea that the amendment is an abortion ban. They point to the rare instances where abortions would be allowed under the legislation, framing it as a compromise that鈥檚 more palatable to voters.

鈥淚t鈥檚 a good compromise for the voters and so there鈥檚 no need (for the ballot language) to suggest that it does ban abortions, or all abortions, because it doesn鈥檛,鈥� said Sam Lee, a longtime anti-abortion lobbyist in Jefferson City.

But the proposed constitutional amendment, which will appear on the Nov. 3, 2026, ballot, would strike down last November鈥檚 vote that legalized abortion in the state and overturned a previous ban on the procedure.

The measure would only allow abortions in rare case of medical emergencies, fetal anomalies and rape or incest within 12 weeks of gestational age.

Abortion rights advocates and providers argue that the language would effectively ban nearly all abortions in the state.

For example, a 2019 fiscal note compiled by Missouri legislative staff prior to the state鈥檚 2022 abortion ban said Missouri Medicaid dollars paid for only two abortions to save the life of a mother in fiscal year 2018. The document says that, between fiscal years 2016 and 2017, the state paid for only two abortions that resulted from rape and incest.

A 2005 study by the Guttmacher Institute, a research organization that supports abortion rights, also found that nationally 1% of women surveyed in 2004 who had an abortion cited rape in their decision; less than 0.5% cited incest.

鈥淎mendment 3 ... is a copy and paste bill from special interest groups that will abolish our constitutional right to reproductive freedom, including access to abortion care,鈥� Tori Schafer, the ACLU鈥檚 director of policy and campaigns, said in a statement announcing the lawsuit against the measure.

What does the measure say?

While the amendment is silent on when exactly abortion would be banned, it completely removes and replaces the language of the November amendment, which was also called Amendment 3.

Therefore, it will likely be up to the courts to decide whether the proposed amendment, if passed, would reinstate Missouri鈥檚 previous abortion ban with the added exceptions or give lawmakers the ability to pass additional legislation to restrict access.

In addition to the abortion ban, the constitutional amendment would ban gender-affirming care for transgender residents younger than 18. Those procedures, which include hormone therapy, are already banned under state law but became a rallying cry among abortion opponents who falsely claimed that Amendment 3 opened the door to legalizing them.

Despite the fact that the proposed amendment would ban abortion access in most circumstances, the language that voters will see at the ballot makes no mention of those instances.

The language, called a summary statement, was approved by state lawmakers and certified by Republican Secretary of State Denny Hoskins. It states: 鈥淪hall the Missouri Constitution be amended to: Guarantee access to care for medical emergencies, ectopic pregnancies, and miscarriages; ensure women鈥檚 safety during abortions; ensure parental consent for minors; allow abortions for medical emergencies, fetal anomalies, rape, and incest; require physicians to provide medically accurate information; and protect children from gender transition?鈥�

Abortion supporters vs. opponents

As the lawsuit from the ACLU of Missouri that seeks to strike the ballot measure winds its way through the courts, it鈥檚 clear that abortion rights supporters and opponents are poised to promote sharply different messages about what the amendment will actually do.

Opponents, such as Lee and Republican lawmakers, will claim the measure does not ban all abortions and highlight the rare circumstances in which abortions would be allowed under the amendment.

Meanwhile, abortion rights advocates and providers will point to the fact that the amendment would severely restrict access and overturn an abortion rights amendment that nearly 52% of voters approved last year.

That messaging could mirror arguments made in the wake of last year鈥檚 vote. While pushing for the new ban, abortion opponents regularly argued in the state Capitol that Missourians didn鈥檛 understand what they were voting on when they approved the measure.

They claimed the measure would lead to unrestricted and unregulated abortions. But months after the vote, abortion providers are still fighting state officials in court to restore complete access, including medication abortions. Access was also temporarily halted until last week after a procedural ruling from the state Supreme Court in late May.

鈥淚 think you鈥檒l see both sides spin it,鈥� said Ziegler, the law professor. 鈥淩epublicans are going to say, you know, if they鈥檙e really leaning into the confusion, don鈥檛 you want to have access in these scenarios?鈥�

On the other side, Ziegler said, 鈥淚 could see, you know, abortion rights supporters saying, you know, Republicans are really disrespecting the will of voters. They鈥檙e throwing everything at the wall to get an abortion ban that you just rejected.鈥�