Missouri ballot measures adding abortion protections to state constitution filed

JEFFERSON CITY — A group of proposed ballot measures that seek to enshrine the right to abortion within the state constitution of Missouri, where it is currently banned, were filed with the Secretary of State's office Wednesday.

Eleven initiative petitions filed by a St. Louis-based committee would amend the Missouri constitution to declare that the "government shall not deny or infringe upon a person's fundamental right to reproductive care," which includes abortion services.

The filing of the petitions, by a St. Louis area physician on behalf of the newly established Missourians for Constitutional Freedom committee, represents the first step toward a referendum on abortion rights in the Show-Me State after Republican elected officials banned the procedure following a U.S. Supreme Court ruling last year.

More:Former government lawyers say Missouri abortion ban will be challenged in court, at the ballot

Early variations on language among the 11 versions indicate a range of options that abortion rights advocates could choose to advance, pertaining to when the government can begin regulating abortions and limits on penalties or prosecution relating to abortions.

Some of the versions contain language allowing the legislature to pass laws regulating abortion after 24 weeks of gestation or requiring parental consent for minors seeking abortion. Some outline the definition of fetal viability, and some contain language explicitly stating that the section does not require government funding of abortion procedures.

A call to the number listed for the Missourians for Constitutional Freedom committee was not immediately returned Thursday.

Planned Parenthood of the St. Louis Region and Southwest Missouri said in a statement Thursday the group was not "directly involved" with the measures but is continuing to explore possible paths on the issue.

“We have long said that Roe was never enough, especially for marginalized communities shouldering the hardest impact of abortion bans," said Vanessa Wellbery, vice president of policy and advocacy. "While Planned Parenthood of the St. Louis Region and Southwest Missouri is not directly involved with these ballot measure filings, we are deeply committed to rebuilding a system that ensures all people can access abortion and all providers can provide it without political or legislative interference.

Abortion rights activists marched from the Park Central Square to the Federal Courthouse in Downtown Springfield on Friday, June 24, 2022 after the U.S. Supreme Court overturned Roe v. Wade.
Abortion rights activists marched from the Park Central Square to the Federal Courthouse in Downtown Springfield on Friday, June 24, 2022 after the U.S. Supreme Court overturned Roe v. Wade.

"We look forward to exploring all avenues and opportunities to restore access to abortion for all Missourians regardless of who they are, where they live, or how much money they make,” she added.

Abortion rights advocacy group Pro-Choice Missouri is "watching this public process unfold," director Mallory Schwarz said.

"We're still watching to see what might move forward and where we'll have the opportunity to join with partners across the state to support an effort," Schwarz said.

Anti-abortion group Missouri Right to Life and the ACLU of Missouri did not respond to requests for comment on their involvement or stance on the ballot measures.

More:MO's attorney general is supporting a lawsuit against the FDA over abortion medication

The Secretary of State's office is currently accepting public comments on the 11 proposals. If one or several of them are approved, they can begin circulating among voters to gather signatures. If that step is completed, a proposal could end up on the ballot as early as 2024, allowing voters to decide whether or not to amend the constitution.

Elected Democrats and abortion rights groups have indicated a desire to bring the issue before voters after a similar statewide vote in Kansas last year led to abortion rights remaining in the state constitution. A lawsuit against Missouri's ban against abortion, which makes no exceptions for pregnancies resulting from rape or incest, has also been filed by clergy members on the basis of allegedly violating religious freedom.

House Minority Leader Crystal Quade, a Springfield Democrat, said Thursday she was aware of the proposals being filed but had not read the language and wasn't familiar with who was involved.

"We have to be realistic of where we are," Quade said of what language she'd like to see included in a final ballot measure. "But I also 100% believe that this is an issue that is very difficult to compromise on when it comes to your right, to your conversations with your doctor."

In a May 24, 2019, file photo, Missouri Gov. Mike Parson signs one of the nation's most restrictive abortion bills, banning the procedure on or beyond eight weeks of pregnancy, in Jefferson City.
In a May 24, 2019, file photo, Missouri Gov. Mike Parson signs one of the nation's most restrictive abortion bills, banning the procedure on or beyond eight weeks of pregnancy, in Jefferson City.

Samuel Lee, a lobbyist for Campaign Life Missouri, called the proposals "radical" and "really surprising."

"This is literally what I would expect to see in California or New York or some liberal East or West Coast state like that," Lee said. "I would be very surprised if the voters would vote in favor of any one of these, but especially the most radical ones."

Asked whether anti-abortion advocates planned to mount opposition to the ballot measures, Lee pointed to a pending ballot measure moving through the legislature that, if approved by voters, would raise the threshold for approval on future constitutional amendments.

"That's really what we're all going to be working on," he said.

Schwarz, the executive director of Pro-Choice Missouri, said "it remains to be seen" what the final language on a ballot measure enshrining abortion rights might look like, but said she was confident a consensus would emerge.

"We are under no illusions about the challenges that we face in Missouri, but I think the community of advocates for abortion access and reproductive freedom is close-knit," she said. "And we have had to be to withstand the ongoing attacks from this state for decades."

Galen Bacharier covers Missouri politics & government for the News-Leader. Contact him at gbacharier@news-leader.com or on Twitter @galenbacharier.

This article originally appeared on Springfield News-Leader: Missouri ballot measures adding abortion rights to constitution filed