Missouri is poised to legalize abortion after voters Tuesday approved a constitutional amendment designed to overturn one of the most restrictive bans in the nation.
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Amendment 3 places language in the Missouri Constitution legalizing abortion up to fetal viability, which is usually around 24 weeks.
Now that the amendment passed, abortion rights proponents plan to file lawsuits to strike down the state’s near-total ban.
Some Missouri lawmakers have said they may try to place another measure on the ballot to either weaken or repeal Amendment 3. But some Republicans, including incoming House Speaker Jon Patterson, have said they don’t support that type of plan.
Missouri made most abortions illegal after the U.S. Supreme Court struck down Roe v. Wade. The current law makes no exceptions for women who become pregnant because of rape or incest — only medical emergencies.
Passage of the amendment is a huge loss for Missouri Republicans who made opposition to abortion rights a central part of their agenda since they took over the General Assembly in the early 2000s.
Abortion rights proponents in Missouri faced a long road to Tuesday’s victory. They had to slog through a number of lawsuits over Amendment 3’s cost estimate and ballot summary language. After thousands of volunteers helped gather enough signatures, the proposal nearly was struck from the ballot before the Missouri Supreme Court allowed it on a 4-3 vote.
Abortion rights backers also had to deal with a failed effort from Missouri legislators to place a separate ballot item before voters to make the Missouri Constitution harder to amend — which was aimed at preventing the abortion legalization measure from passing.
A campaign committee supporting Amendment 3 ended up raising more than $30 million and galvanizing abortion rights backers particularly in suburban areas. Public polling also showed that the plan had support from a minority of Republican respondents, which was a sign that the near-total ban wasn’t universally popular.
“I have family members who have always been in that group, and now they're like: This is just too far, too much,” said Richmond Heights resident Katrina Dalbey. “There's so much of a gray area when it comes to abortion. Just picking one side and doubling down on it is not what we see as strong leadership and pro-life.”
While the “no” side was heavily outspent, it did get a last-minute cash infusion — including a $1 million donation from a group linked to conservative legal activist Leonard Leo. Abortion rights opponents sought to rally the state’s religious voters who feel that the procedure is morally wrong.
They also sought to point out what they felt could be unintended consequences of Amendment 3, including allowing for abortions late in pregnancy and expanding gender-affirming care for minors.
“There are lots of provisions within this that would be enshrined into our constitution that I think are causing lots of Missourians very real concerns,” said Stephanie Bell with the anti-Amendment 3 group Missouri Stands with Women.
Amendment 3 backers said those types of arguments were misleading scare tactics. They also cast serious doubt that judges would interpret the measure to legalize things like gender transition surgery for minors.
