Missouri Republican lawmakers push to reinstate abortion ban after Amendment 3 passed

Missouri Republican lawmakers this week filed an onslaught of legislation to reinstate some level of abortion ban after voters enshrined the right to the procedure last month.

At least 11 pieces of legislation filed during the first week of bill filing center on curtailing, or outlawing, abortion access in Missouri. The bills come just weeks after voters effectively overturned the state’s ban through a constitutional amendment, called Amendment 3.

Republican lawmakers appear somewhat at odds over how far to go in limiting access. The raft of legislation ranges from bills that make a modest gesture toward access to constitutional amendments that would almost entirely overhaul Amendment 3 and once again enact a near-total abortion ban.

But the legislation signals that limiting abortion rights will be a key focus for Republicans during the upcoming legislative session, which begins next month.

“In terms of the Amendment 3, I mean, that’s one that we’re going to push back on and going to be trying to make sure that people were aware of what they actually voted on,” Sen. Rick Brattin, a Harrisonville Republican, said Tuesday. “So we’re going to be moving forward with that, trying to unravel what people unfortunately passed.”

Brattin, who chairs the hard-right Freedom Caucus in the Senate, was one of several Republicans who filed a proposed constitutional amendment that would reinstate an abortion ban in the state. Brattin’s proposal would allow for abortions only in certain circumstances such as fetal anomalies, incest or rape (but only if the rape survivor filed a police report).

The Republican effort comes as abortion rights supporters are pushing to restore access to the procedure. Missouri’s Planned Parenthood affiliates were in court on Wednesday, seeking a preliminary injunction to block a series of restrictions on the procedure to allow abortions in Kansas City, St. Louis and Columbia.

Maggie Olivia, the director of policy for Abortion Action Missouri, said on Wednesday that she expected lawmakers to attack reproductive rights during this upcoming legislative session.

“No surprise they’re the usual suspects,” she said. “We know that the vast majority of Missourians do not support political interference in access to abortion care…And those very same folks who made this (monumental) victory of Amendment 3 possible are ready to do whatever it takes to defend that win this session.”

But Republican lawmakers appear to be emboldened by how narrowly voters approved Amendment 3, which protects the right to an abortion up until fetal viability and overturned an abortion ban that did not include exceptions for rape and incest. The measure passed with a majority or 51.6% of the vote while 48.4% voted no.

“When you have such a close margin, I think it’s fair to re-examine what we’re doing here,” said Rep. Justin Sparks, a Wildwood Republican.

Sparks, who is mounting a longshot bid to become House speaker, filed legislation that would amend the state constitution to say that nothing “in this constitution secures or protects a right to abortion or requires the funding of an abortion.”

Another piece of legislation from Sen. Mary Elizabeth Coleman, an Arnold Republican, would ask voters to ban all abortions with exceptions for medical emergencies and rape. It would also enshrine a ban on gender-affirming care for minors in the state constitution.

The proposed constitutional amendments that seek to undo, or curtail, Amendment 3 would all have to be approved by voters on a future ballot, likely in 2026. However, some Republicans have also filed bills to restrict access through state law — which the GOP-controlled General Assembly could pass with a simple majority vote.

For example, Rep. Brian Seitz, a Branson Republican, filed bills that would ban abortion once a fetal heartbeat is detected and another that purports to protect children who were “born alive during or after an abortion or an attempted abortion.”

Another proposal from Seitz is a fetal personhood bill that declares fetuses have the same rights and privileges as any other person. The bills, if passed, would also certainly face certain legal challenges, but they signal the lengths that lawmakers are willing to go to fight access.

Will Republicans face pushback?

With the upcoming legislative session still more than a month away, it remains unclear which of the proposals have generated the most support among Republicans.

Any legislative effort would likely have to garner the support of Republican leadership in the coming weeks, but leaders in both chambers have expressed a willingness to potentially overhaul Amendment 3.

Even with that backing, Republicans will face opposition from Democratic lawmakers, who would almost certainly filibuster any measure to repeal abortion rights in the Missouri Senate.

Rep. Maggie Nurrenbern, a Kansas City Democrat who was elected to the state Senate, said that any attempts to infringe on reproductive rights would be a “non-starter” for Democratic lawmakers.

“We will absolutely be there ready to ensure that these never reach the ballot again,” Nurrenbern said. “Voters just weighed in on this and we are going to be there to respect the will of the voters.”

Nurrenbern also emphasized that Amendment 3 passed with support from Democratic, Republican and independent voters who felt that the state’s abortion ban was too extreme. She said Democrats were crafting a sweeping reproductive rights bill that would seek to repeal or clarify state laws to ensure they’re in line with Amendment 3.

Democratic lawmakers have also filed several bills that seek to further protect access to abortion. One bill from Rep. Patty Lewis, a Kansas City Democrat who was elected to the state Senate, would ban medical malpractice insurance providers from refusing to cover doctors who provide abortions.

While Republican leaders readily use procedural maneuvers to halt debate in the House, Senate leaders are typically hesitant to break filibusters. But the issue of abortion rights could pose a major test of whether Republicans will be willing to shut down a Democratic filibuster.

For Sparks, Senate Republicans have “an obligation” to break a filibuster over the issue next year.

“When it comes to these things, we, the voters of Missouri, have given the Republicans a supermajority in the House and the Senate,” he said. “We control all mechanisms of power, all procedural levers. We control everything. So whatever gets done or doesn’t get done, lands directly at the feet of Republican leadership in both houses.”

The Star’s Jonathan Shorman contributed reporting.