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Missouri abortion amendment passes, threatening to overturn pro-life protections

Pro-life protestors hold signs outside the Missouri Supreme Court on Sept. 10, 2024, advocating against Amendment 3./ Credit: Courtesy of Thomas More Society

Missourians on Tuesday voted to overturn the state’s near-ban on abortion and enshrine a provision guaranteeing “reproductive freedom” in the state constitution. 

Voters narrowly approved Amendment 3 on Nov. 5, which adds a “fundamental right to reproductive freedom” to the state constitution, threatening to undo decades of pro-life gains.

Missouri was one of the first states to fully ban abortion after the fall of Roe v. Wade in 2022 and has not had a functioning abortion clinic within its borders for years. 

The measure prohibits “any regulation of abortion, including regulations designed to protect women undergoing abortions and prohibit any civil or criminal recourse against anyone who performs an abortion and hurts or kills the pregnant women,” according to the secretary of state’s office. 

It mandates that the government “shall not deny or infringe upon a person’s fundamental right to reproductive freedom,” including “prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions.” 

The amendment is set to come into effect Dec. 6, teeing up years of litigation as pro-abortion advocates are expected to sue to remove each of Missouri’s pro-life protections in light of the new constitutional provision. 

The amendment’s appearance on the ballot was the subject of a protracted court battle earlier this year, with pro-lifers arguing that the final proposed language not only violated state law by failing to list which laws it would repeal but also mislead voters about the scope and gravity of what they would be voting for. The Missouri Supreme Court ultimately voted 4-3 to allow the measure to appear before voters. 

Missouri law currently extends protection to unborn babies throughout all of pregnancy with the only exception being cases of “medical emergency.”

Down, but not out

Catholic and pro-life groups reacted to the news of Amendment 3’s passage with dismay but expressed a commitment to continue to fight the liberalization of Missouri’s abortion laws in court. 

The Missouri Catholic Conference (MCC), which advocates policy on behalf of the state’s Catholic bishops, had previously called Amendment 3 “an extreme constitutional amendment that legalizes abortion at any stage of pregnancy with no protections for the preborn child, even when the child is capable of feeling pain.”

MCC issued a statement Nov. 6 expressing sadness that voters had chosen not to safeguard the vulnerable, emphasizing the Church’s commitment to protecting the dignity of all human life, particularly women and children. 

Tuesday’s result is “not the end of our work,” the bishops noted. 

“We reaffirm our commitment to walking with mothers and fathers facing unforeseen pregnancies, along with parents facing hardship in their pregnancies. For those women who have been wounded by abortion, the Church will continue to provide true hope and healing,” they continued. 

“We are grateful to the Catholic faithful, clergy, and all people of goodwill who worked tirelessly in this election to uphold the dignity of the human person. It is important to remember that we are called by our faith to continue to promote and proclaim the inherent dignity of all. Let us continue to pray and work for a greater recognition of the gift of each and every human life in our society.”

A spokeswoman for Missouri Stands With Women, the main pro-life political group opposing the amendment, told CNA that it plans to continue its advocacy efforts in the state despite being massively outfunded by the pro-abortion lobby. 

“This is not the result we wanted but despite being outspent by millions of dollars, life won in the majority of Missouri counties,” Stephanie Bell noted. 

“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.”

Mary Catherine Martin, senior counsel at the Thomas More Society, a Catholic law firm that challenged the amendment in court, signaled the firm’s readiness to engage in further legal action.

“Missourians have been tragically deceived by a dazzling misinformation campaign funded by out-of-state millionaires and other mega-corporations that will profit from giving abortions and gender ‘care’ to Missouri women and children,” Martin said in a statement.

“The Thomas More Society will not abandon Missouri in this post-Amendment 3 world. We stand ready to help defend the rights of Missouri’s parents, women, children, and babies, against the assaults that are planned by the proponents of Amendment 3.”

Mary Elizabeth Coleman, a Missouri state senator who joined the lawsuit challenging the amendment, expressed commitment to further political action, including the possibility of bringing another abortion vote to the people of Missouri. 

“This won’t be the last time Missourians vote on so-called ‘reproductive rights,’ which has been co-opted by the left to include gender-transition surgeries for kids without parental consent, and I will do everything in my power to ensure that vote happens,” Coleman said. 

Deacon Sam Lee, a St. Louis-based pro-life lobbyist who works with Missouri Stands With Women, told CNA late last week that Catholics in Missouri intensified their prayer efforts in the last days before the election. 

(Story continues below)

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Notably, Archbishop Mitchell Rozanski of St. Louis urged all Catholics to participate in prayer and fasting leading up to the election, personally leading a special Mass and Holy Hour at the Cathedral Basilica of St. Louis on Nov. 3.

Lee last week described seeing numerous “No on Amendment 3” yard signs displayed by Catholics in the St. Louis area. He also said he has been encouraging Catholics to educate their family members, friends, and neighbors about the amendment and its implications, aiming to counter the influence of the well-funded pro-abortion organizations supporting Amendment 3.

The deacon previously told CNA that the broad language of “reproductive freedom” could have unintended consequences beyond abortion, such as enshrining a right for minors to seek gender-transition procedures without parental consent. 

Elsewhere on Election Day, voters in Florida, Nebraska, and South Dakota voted down major pro-abortion proposals, marking the first victories at the ballot box for pro-life advocates since the overturning of Roe v. Wade. Seven other states, including Missouri, saw voters approve measures to expand abortion.

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