A deceptively worded ballot measure in Missouri could end up enshrining the right to late-term abortions in the state constitution. Amendment 3, on the November election ballot, proposes creating a constitutional right to so-called reproductive health care, which includes abortions. The measure comes as similar efforts have succeeded in other states, including Kansas, Kentucky, and Ohio, following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.
Critics contend that the ballot measure’s vague wording would lead to sweeping changes, potentially nullifying existing abortion restrictions and parental consent laws. Especially of concern is the amendment’s provision on “Fetal Viability,” a term without a fixed definition due to advancing medical technology.
The ambiguous language could leave the door open to courts deferring the legal line for viability to abortion providers—paving the way for legal late-term abortions. Additionally, opponents argue the amendment’s allowance for abortion restrictions after viability, except for the health of the mother, could be broadly interpreted.
Notably, the measure doesn’t actually use the term “abortion” but rather says it would “establish a right to make decisions about reproductive health care.”
Beyond legal challenges, the amendment has sparked debate over state funding. Opponents note a clause preventing discrimination in the allocation of state funds to providers of reproductive health care, raising concerns about taxpayer obligations to fund abortions.
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