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Rep. Hannah Kelley, R-Mountain Grove (Tim Bommel/Missouri House Communications).

Lawsuit aims to remove pro-abortion amendment from Missouri ballot

A state representative has filed a lawsuit in an attempt to keep off the November ballot a measure that protects abortion up to birth and ends any restrictions on gender surgery for children in Missouri.

Rep. Hannah Kelly, R-Mountain Grove, was joined as plaintiffs by her fellow Republican state legislator Sen. Mary Elizabeth Coleman, pro-life activist Kathy Forck and maternity home director Peggy Forrest.

The plaintiffs contend that Amendment 3 would “open the door for taxpayers to pay for abortion and gender transition surgery” and “rob Missourians of their right to justice if a healthy baby is lost or a healthy mother is harmed or injured due to negligence during pregnancy, labor or delivery”

“Amendment 3 is a direct threat to the lives of Missouri women by erasing the will of voters who chose to protect the safety of women and the child by electing strong pro-life leaders,” the plaintiffs said in a joint statement. “We are united in our fight against this insidious amendment that seeks to enshrine the brutal practice of abortions even in the 7th, 8th or 9th months of pregnancy.”

The lawsuit argues that the amendment’s use of the phrase “reproductive freedom” violates the single-subject rule for state constitutional amendments. The complaint characterized the phrase as “unlimited in scope,” expressing concern that it would end up “systematically neutralizing all laws, existing or future, that attempt to limit this new, limitless ‘right to reproductive freedom.'”

The text of Amendment 3, as compiled by the Missouri Secretary of State’s Office, states, “The Government shall not deny or infringe upon a person’s fundamental right to reproductive freedom.” The measure defines “reproductive freedom” as “the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful birthing conditions.”

READ: Here’s what the amendment would do if passed

If passed, Amendment 3 would nullify current Missouri law, which bans elective abortions in most circumstances. Recent public opinion polling sampling voter sentiment toward Amendment 3 is limited. However, a February survey of 900 likely Missouri voters conducted by St. Louis University and YouGov found that 44 percent of respondents intended to support Amendment 3 while 37 percent planned to oppose it. The measure must secure the support of a majority of Missouri voters to pass.

Missouri Right to Life says this is the “most radical pro-abortion amendment,” put forth in Missouri.  “if passed by voters, [it] would allow abortion all nine months of pregnancy, even after the unborn child can feel excruciating pain.”

Missouri Right to Life PAC has launched a “Vote NO” campaign which is being promoted by pro-life groups across the state.

“Regardless of what pro-abortion supporters are saying, Missouri’s current pro-life laws have a life of the mother exception and allow women to get the care they need in ectopic or miscarriage pregnancies.

MRL needs volunteers to fully inform all Missouri voters.  The most critical volunteers are needed for their door-knocking and phone banking campaigns. Other opportunities are also available. For more information on where and how you can volunteer, visit this LINK.

–Dwight Widaman

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