Abortion amendment to stay on November ballot

This ruling takes away important protections from all Missouri citizens to serve the well-funded political goals of a few.”

Mary Catherine Martin, senior counsel, Thomas More Society

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Amendment 3 — which if passed, will enshrine in the Missouri Constitution access to elective abortions throughout the state — will remain on the Nov. 5 ballot.

The Missouri Supreme Court on Sept. 10 overturned a lower court ruling that had declared the proposed amendment invalid due to inadequate wording that did not state which current Missouri laws would be invalidated due to the amendment.

In a Sept. 9 statement, the Missouri Catholic Conference (MCC), public policy agency of the state’s four Roman Catholic dioceses, expressed disappointment with the ruling.

The MCC vigorously opposes Amendment 3 not only because it would overturn the state’s near-total ban on elective abortions but would also take away provisions and safeguards such as the state’s parental consent law for minors seeking abortions, and the requirement that only medical doctors be allowed to perform abortions.

“Missourians should have the right to know what laws will be overturned when they are asked to sign an initiative petition,” the MCC stated.

The MCC pledged to continue educating the public on the dangers this amendment poses to women’s health by removing even basic safeguards currently in law.

“We encourage the faithful to continue to pray for a conversion of hearts and minds so that the pro-abortion Amendment 3 is defeated,” the MCC stated.

Four Missouri citizens, represented by the Chicago-based not-for-profit Thomas More Society (thomasmoresociety.org), had filed a lawsuit in Cole County Circuit Court last week, claiming the amendment’s wording is illegal because it doesn’t include what existing state laws would be invalidated if the amendment passes.

The plaintiffs argued that the initiative petition to place the amendment on the ballot would not have received enough signatures if people had been told everything the amendment would do.

Cole County Associate Circuit Judge Christopher K. Limbaugh agreed with the evidence they presented, and declared invalid the initiative petition to put the amendment on the ballot.

Judge Limbaugh rejected the campaign for having “purposefully decided not to include even the eight most basic of statutes that would be repealed, at least in part, by Amendment 3.”

He said that failure to include any statute or provision — such as the state’s ban on abortion except in cases of medical emergency — was a “blatant violation” of the requirements in state law.

Missourians for Constitutional Freedom, the organization promoting the pro-abortion amendment, appealed the judge’s decision.

The state’s Supreme Court heard arguments for both sides the morning of Sept. 10 and issued its ruling that afternoon.

Under state law, it was the final day for determining what will be printed on ballots in the state.

In response to the ruling, the four plaintiffs said the Missouri Supreme Court had “turned a blind eye” and ruled that Missourians don’t have to be fully informed about the laws their votes may overturn before signing initiative petitions.

“Amendment 3 is not limited to abortion,” the plaintiffs said in a joint statement. “It includes a range of significant life issues, including whether gender transition surgeries for minors without parental consent should be included and protected in Missouri’s constitution.”

The plaintiffs were: Missouri State Sen. Mary Elizabeth Coleman; pro-life activist Kathy Forck, a member of St. Andrew Parish in Holts Summit and co-chairwoman of the Columbia 40 Days for Life Campaign; state Rep. Hannah Kelly; and Peggy Forrest, president and chief executive officer of Our Lady’s Inn in St. Louis.

About 60 people, most wearing red, prayed on the sidewalk outside the Supreme Court Building while the arguments were taking place inside on Sept. 10.

Most held up red signs saying “Follow the law. No on 3,” so so passersby on the street could see them.

A few held the signs toward the building, so they could be read from inside.

Thomas More Society Senior Counsel Mary Catherine Martin called the Supreme Court decision a failure to protect voters.

“This ruling takes away important protections from all Missouri citizens to serve the well-funded political goals of a few,” she said.

She said that if passed, Amendment 3 will have far-reaching implications on the state’s abortion laws and well beyond, repealing dozens of laws that protect the unborn, pregnant women, parents, and children — “a reality that the initiative campaign intentionally hid from voters.”

If approved by a simple majority of voters on Nov. 5, the amendment would reverse the state’s near-total ban on elective abortions, along with state laws that were in effect in the state before the U.S. Supreme Court in 2022 overturned the 1973 Roe v Wade decision that had made abortion-on-demand legal in all 50 states.

“I’m very disappointed in the Supreme Court,” Amanda Durbin, president of the Board of Directors of Ray Of Hope Pregnancy Care Ministries in Macon, stated after the decision was announced.

“Not just because I’m against Amendment 3, but more because it’s so untruthful for all voters,” said Mrs. Durbin, a member of St. Mary Parish in Shelbina.

She’s convinced that no one on either side of the abortion debate would vote for Amendment 3 if they actually knew everything that it contains.

“We are ready to move forward and spread the truth,” she stated. “We have to remember that Jesus lost an unfair trial, too, but victory was his beyond what his followers could understand that day. Victory will again be His.”

Contributing to this report was Kurt Jensen of OSV News Service.