Missouri’s Upcoming Abortion Ballot Initiative Faces Legal Roadblock

A potential ballot measure aimed at overturning protections for the unborn in Missouri might not appear on ballots due to a finding that its wording breaches state legislation. 

Arguments will be presented before the state Supreme Court on Tuesday to determine the fate of a ballot measure that aspires to enshrine the right to abortion in the state constitution for the November ballot. This measure seeks to prohibit any state legislative efforts that would “infringe upon a person’s fundamental right to reproductive freedom.”

Should the amendment be approved, it would challenge existing legislation in Missouri that safeguards the rights of the unborn at every developmental stage within the state.

On Friday, a decision by Missouri Circuit Court Judge Christopher Kirby Limbaugh indicated that those behind the ballot, Missourians for Constitutional Freedom and Anna Fitz-James, breached state regulations by omitting to specify which existing laws would be nullified by the proposed amendment. 

Judge Limbaugh highlighted, “Fitz-James’ failure to include any statute or provision that will be repealed, especially when many of these statutes are apparent,” while noting the oversight as a “blatant violation of the sufficiency requirements” necessary for ballot measures. 

The challenge to the wording used in the ballot was put forth by attorneys from the Thomas More Society on behalf of individuals including Missouri State Senator Mary Elizabeth Coleman, pro-life activist Kathy Forck, State Rep. Hannah Kelly, and Our Lady’s Inn President and CEO Peggy Forrest. They argue that the amendment could potentially negate various Missouri laws, affecting areas beyond its intended scope, including transgender surgeries and human cloning.

Catherine Martin, a lawyer with the Thomas More Society, stated, “Thomas More Society’s mission is to defend life, family, and freedom—wherever they are threatened. Missouri’s Amendment 3 threatens all three,” emphasizing their commitment to preventing the overturning of numerous existing statutes that safeguard the unborn, pregnant individuals, parents, and children.

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