Tensions mount as Missouri’s Amendment 3 vote approaches

by Melanie Chance

With the upcoming November 5th election drawing near, tensions are palpable as former President Trump faces threats and is literally dodging bullets, while Vice President Harris continues her campaign rounds. Regardless of political affiliation, the importance of casting a ballot cannot be overstated.

Missouri has traditionally been a reliable red state in presidential races. However, it has recently gained national attention due to the controversy surrounding Amendment 3, also known as the Right to Reproductive Freedom Initiative, and the uncertainty over whether voters will pass it. The controversy surrounding Amendment 3 became so intense that it was brought before the Missouri Supreme Court on September 10. The court voted 4-3 to keep the issue of abortion on the ballot, adding further fuel to an already heated debate.

What would this amendment do?

The measure would amend the Missouri Constitution to provide the right to reproductive freedom, which is 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.”

The amendment provides that the state legislature may enact laws that regulate abortion after fetal viability, which is defined in the initiative as “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’s sustained survival outside the uterus without the application of extraordinary medical measures.”

What is the status of abortion in Missouri?

In Missouri, abortion is banned with certain exceptions, which include saving the life or preventing a serious risk to the health of the pregnant woman. This law went into effect on June 24, 2022, following the U.S. Supreme Court Dobbs v. Jackson Women’s Health Organization decision. Missouri law includes a requirement that patients must undergo a mandatory 72-hour waiting period and receive counseling prior to an abortion. State Medicaid coverage and private health insurance are banned except in very limited circumstances. Missouri law also requires that a minor seeking an abortion must receive parental consent.

A “no” vote opposes amending the Missouri Constitution to provide the right for reproductive freedom, which is 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,” and providing that the state legislature may enact laws that regulate abortion after fetal viability, which is defined in the initiative as “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’s sustained survival outside the uterus without the application of extraordinary medical measures.”

A “yes” vote supports amending the Missouri Constitution to provide the right for reproductive freedom, which is 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,” and providing that the state legislature may enact laws that regulate abortion after fetal viability, which is defined in the initiative as “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’s sustained survival outside the uterus without the application of extraordinary medical measures.”

Ballot title

The official ballot title is as follows:

Do you want to amend the Missouri Constitution to:

• establish 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.”

Ballot summary

A “no” vote will continue the statutory prohibition of abortion in Missouri.

If passed, this measure may reduce local taxes while the impact to state taxes is unknown.

The official ballot summary is as follows:

A “yes” vote establishes a constitutional right to make decisions about reproductive health care, including abortion and contraceptives, with any governmental interference of that right presumed invalid; removes Missouri’s ban on abortion; allows regulation of reproductive health care to improve or maintain the health of the patient; requires the government not to discriminate, in government programs, funding, and other activities, against persons providing or obtaining reproductive health care; and allows abortion to be restricted or banned after Fetal Viability except to protect the life or health of the woman.

Constitutional changes

The ballot measure would add Article I, Section 36 of the Missouri Constitution.

Amidst the charged atmosphere, every voter must have a clear understanding of the amendments they are voting for. Informed decision-making is essential for the democratic process to function effectively. As the election date approaches, citizens must educate themselves on the issues at stake and exercise their right to vote.

References: https://ballotpedia.org/Missouri_Amendment_3,_Right_to_Reproductive_Freedom_Initiative_(2024).