The Missouri Supreme Court held Tuesday that a sweeping pro-choice initiative may go before the voters in November, overruling a lower-court decision days earlier that had found the petition violated state law.
Chief Justice Mary Russell directed Attorney General John Ashcroft to place Amendment 3 on the Nov. 5 ballot after the majority voted to reverse the trial court, handing a victory to abortion-rights advocates just hours before the ballot-printing deadline.
“By a majority vote of this Court, the circuit court’s judgment is reversed,” she said, adding that opinions will follow.
Missourians for Constitutional Freedom, the pro-choice group that brought the initiative, cheered the court’s decision as a “victory for both direct democracy and reproductive freedom,” while the pro-life Thomas More Society called it “deeply unfortunate.”
“The Missouri Supreme Court’s decision to allow Amendment 3 to remain on the November ballot is a failure to protect voters, by not upholding state laws that ensure voters are fully informed going into the ballot box,” said Mary Catherine Martin, Thomas More Society senior counsel, in a statement.
The decision by the seven-justice court came hours after hearing oral argument from Ms. Martin and Chuck Hatfield, attorney for Missourians for Constitutional Freedom.
A Cole County Circuit judge ruled Friday that organizers violated state law by failing to include on the ballot petition “all sections of existing law or of the constitution which would be repealed by the measure,” including Missouri’s current law banning most abortions.
“It is deeply unfortunate the court decided to ignore laws that protect voters in order to satisfy pro-abortion activists who intentionally omitted critical information from the initiative petition,” said Ms. Martin. “This ruling takes away important protections from all Missouri citizens to serve the well-funded political goals of a few.”
The outcome of the eleventh-hour legal battle means Missouri will be one of 10 states with November ballot measures seeking to enshrine abortion rights in their state constitutions, which have become the focus of abortion debate since the U.S. Supreme Court’s 2022 reversal of Roe v. Wade.
Amendment 3 would establish a “right to make decisions about reproductive health care, including abortion and contraceptives, with any governmental interference of that right presumed invalid,” a clause that foes warn could include procedures unrelated to abortion, such as sex changes for minors.
Rep. Mark Alford, Missouri Republican, called Amendment 3 “a radical proposal that goes far beyond abortion.”
“The Progressive Democrat tricksters pushing this measure completely misled the public about the real truth of Amendment 3 and the staggering scope of laws it would invalidate,” Mr. Alford said. “We cannot allow organizations to mislead voters like this, and today’s decision allowing Amendment 3 to remain on the ballot is a profound disappointment.”
The proposed constitutional amendment would also “require the government not to discriminate, in government programs, funding, and other activities, against persons providing or obtaining reproductive health care,” spurring concerns that taxpayers will be on the hook for abortions and other procedures if the measure passes.
Amendment 3 allows restrictions on abortion after fetal viability, or about 23-24 weeks’ gestation, “except to protect the life or health of the woman,” which courts have interpreted to include mental health.
Planned Parenthood Great Rivers Action declared that the “majority of Missourians want politicians out of their exam rooms, and today’s decision by the Missouri Supreme Court keeps those politicians out of the voting booth as well.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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