Missouri Supreme Court Upholds Inclusion of Amendment Legalizing Abortion on November Ballot

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ICARO Media Group
Politics
10/09/2024 20h56

In a significant ruling, the Missouri Supreme Court has decided to allow Missourians to vote on whether to enshrine abortion rights in the state constitution this coming November. The court's decision came just hours before the constitutional deadline to remove the question from the ballot.

The Supreme Court's ruling reversed a previous decision by a lower court, which had recommended removing the measure, known as Amendment 3, from the November 5 ballot. Secretary of State Jay Ashcroft has been ordered to notify local election authorities to include the amendment on the ballot and take all necessary steps to ensure its presence.

The legal battle ensued after a group of anti-abortion lawmakers and activists filed a lawsuit against Secretary of State Jay Ashcroft, challenging the certification of Amendment 3 for the ballot. Ashcroft had initially indicated he would decertify the measure but, according to the Supreme Court, failed to meet the statutory deadline to do so.

To secure a citizen-led amendment on the ballot in Missouri, campaigns must gather enough signatures from six out of the state's eight congressional districts. In this case, the initiative petition circulated by Missourians for Constitutional Freedom did not include any current laws that would be repealed, which was a central point of contention in the lower court's ruling.

Supporters of Amendment 3 argue that it would not repeal the state's existing abortion law but instead create a new law that would supersede portions of it. They maintain that elements of the current law protecting women who obtain abortions from prosecution would remain intact. The interpretation of the amendment's scope would be left to the judicial system.

However, Cole County Circuit Judge Christopher Limbaugh disagreed with this interpretation and ruled that the campaign had failed to meet the requirement of including statutes or provisions to be repealed. While Judge Limbaugh recommended removing the amendment from the ballot, the ultimate decision was left to the higher court.

If passed, Amendment 3 would legalize abortion in Missouri up until the point of fetal viability and safeguard other reproductive rights, including access to birth control. Currently, abortion is illegal in the state with only limited exceptions for medical emergencies.

The inclusion of Amendment 3 on the November ballot sets the stage for a momentous vote on the future of abortion rights in Missouri. As the election draws near, Missourians will have the opportunity to have their voices heard on this contentious issue.

This article was written by Anna Spoerre for the Missouri Independent and is part of the States Newsroom network, a nonprofit news network supported by grants and a coalition of donors.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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